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When can you sue after a workplace accident?

On Behalf of | Oct 26, 2021 | Workers' Compensation |

You work for a small business, and you hurt yourself on the clock recently. Even if your employer has workers’ compensation insurance, you could feel it does not cover the extent of your injuries. If so, do you have the right to sue your company?

Chron explores scenarios in which an injured worker may consider suing the company. Learn about your legal options and how to protect your rights.

Workers’ comp

If your company approves your workers’ comp claim, you probably cannot sue. When companies deny workers’ comp claims or Minnesota law does not require them to carry workers’ comp, they could open themselves to employee lawsuits.

Toxic substance or faulty equipment

Did you sustain your injury or illness because of a toxic substance or unsafe equipment? If so, you may have a legal case against the substance or equipment manufacturer. Even if your injury or illness took years to develop noticeable symptoms, you could have a legal case. With this option, you may have to give your employer compensation money or include your company in your suit.

Intentional injury

Perhaps you suspect your company injured you intentionally. If so, you could sue, but doing so means not filing a workers’ comp claim. Whether you have this option depends on the state, as 10 states do not provide this avenue of recourse. Some states let injured workers sue their company if an employee becomes injured because of recklessness or negligence.

You deserve full compensation after becoming injured on the job. Depending on the circumstance, you may have a legal case that goes beyond workers’ comp.