When you receive an injury at work, you should usually obtain medical care as soon as possible and then file a workers’ compensation claim with your employer. Workers’ compensation claims can provide excellent coverage, and, with some special attention, may even produce a fair settlement offer for your injury. However, not all workplace injuries necessarily lead to a workers’ compensation claim.
If you suffer an injury at work because your employer intentionally harms you, then you may have grounds to sue the employer directly. While most intentional workplace injuries involve violence or physical force of some kind, not all intentional torts are specifically physical. Employees may sue an employer who violates their rights, including instances of fraud, defamation or invasion of privacy, and more.
Workers’ compensation exists to protect the employer from lawsuits that arise from employees’ on-the-job injuries, and cannot protect the employer from its own illegal activity. It is just as illegal for an employer to assault or physically harm an employee as it is for you to get into a fight with someone in a bar and beat him or her with a barstool. Especially when the person perpetrating the assault is in a position of power, addressing these actions seriously is crucial to making a fair and just workplace for all.
Do not hesitate to speak with an experienced attorney who can help you assess your experience and begin building a strong case against any person who assaults you, whether he or she is your employer or not. An experienced attorney helps you build your case on the strongest grounds you can identify, keeping your rights secure as you stand up to those who might try to silence or control you with intimidation or violence.
Source: FindLaw, “Workers’ Compensation: Can I Sue My Employer Instead?,” accessed Dec. 15, 2017
