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Can I sue my employer after an injury at work?

After a person suffers an injury in the workplace, the employer generally files a workers' compensation claim as soon as possible to enact the safeguards that protect them and resolve the issue for the employee quickly.

Workers' compensation works to protect employees after an injury on the job, but it also functions to keep employers from constantly fielding lawsuits. Workers' compensation has a unique function in that it ensures that an employee receives care but also creates a barrier of protection around an employer by keeping employees from suing them after an on-the-job injury.

If you recently suffered an on-the-job injury, the most effective course of action is to use every tool at your disposal to get the most out of your workers' compensation benefits. For many people, the guidance of an experienced attorney helps to maximize their benefits well beyond what they initially expect to receive.

However, there are some specific circumstances in which you might be able to bring a lawsuit directly against an employer, depending on the specifics of the inciting incident.

Suing over an employer's misdeeds

Workers' compensation generally restricts you from filing lawsuits against an employer, but this may not hold true if an employer does something intentionally to harm you. For instance, if an employer argues with you and the argument turns physical, resulting in the employer assaulting you, then you may have grounds for a lawsuit.

Similarly, if an employer holds you against your will, defrauds you in some way, or is emotionally abusive, these may all qualify for a lawsuit against an employer.

An employer may also harm you socially, through slandering your name or exposing your private information. Depending on the nature of this offense, you may have grounds for a lawsuit.

Get the help you need to understand your options

These are rather vague instances that we've mentioned, primarily because the matter is rarely cut and dried. It is wise to consult with an experienced attorney if you believe that you have legitimate grounds for a lawsuit against your employer.

A strong legal team can help you determine the best course of action as you seek a fair resolution after suffering some form of harm in your workplace. Whether the most effective path is through workers' compensation or through a personal injury suit, strong legal guidance is essential to obtaining positive results.

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Making a false or fraudulent workers’ compensation claim is a felony subject to 5 years in prison or up to $50,000 or double the value of the fraud, whichever is greater, or by both imprisonment and fine.

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