Can You Sue Your Employer For Neglect?

Unless your employer did something to harm you on purpose, you generally are not going to be able to sue him for negligence—even if he was egregiously careless and reckless.

Because the employee gets his or her compensation through workers compensation, lawsuits aren’t permitted.

Except for when you sue a government agency, you almost always have at least one year from the date of harm to file a lawsuit, no matter what type of claim you have or which state you live in. In short, you should have no statute of limitations worries if you sue within this one-year period.

Can I sue my employer for workplace injury?

Currently Woodson claims are very hard to prove. Instead, if you want to make a claim against your employer for your work related injury you must go through the workers’ compensation process and cannot sue them in court. The workers’ compensation system has obvious benefits to the employer.

What is employer negligence?

Employer negligence is when an employer has failed to provide a safe work environment which is considerate of their employee’s rights. Employer negligence is commonly linked to work injury claims. An employer may have been negligent for a number of reasons.

Can you sue your employer for emotional distress?

You start to wonder if you can sue your employer for emotional distress. If you are experiencing emotional distress due to the negligent or outrageous intentional acts of another person, you may be able to bring a personal injury claim to recover damages. The law in this area is complex.

Will workers comp offer me a settlement?

Your workers’ comp claim entitles you to continued medical care for your injury or illness. Your employer may offer you a lump-sum settlement in exchange for your agreement to not pursue any further reimbursement for medical costs or other workers’ compensation benefits.

Do I get full pay if injured at work?

In most cases, if you need time off because of an accident at work, you’ll only have the right to Statutory Sick Pay. Your employer may have a scheme for paying more for time off caused by accidents, or may decide to pay extra depending on what has happened.

How do I maximize my workers comp settlement?

Follow these simple steps to give yourself the best chance of maximizing your potential workers compensation claim:

  • Attend all doctor’s appointments and follow your treatment plan.
  • Don’t accept the insurance company’s first offer.
  • Don’t give up if your claim was denied.
  • Contact an attorney at Fields Law.

Can employer terminate injured worker?

If you are a contract employee, your rights are different. Your employer still may not terminate you as retaliation for a workers’ compensation claim. Additionally, your contract should list the specific reasons your employer may terminate your contract. Termination for this reason is usually legal.