Can I Sue My Employer Rather Than Using Workers’ Compensation?
Have you recently suffered an injury or illness while on the job? If “yes” is the answer to this question, you need an Oklahoma workers’ compensation attorney from the Burton Law Group.
On-the-job injuries can have a disastrous effect on the worker and their family. With a workers comp attorney help claim the benefits to which you are entitled.
While not working and under a doctor’s care, you are entitled to a weekly check for “off work” benefits. The law establishes the amount of your benefit, which is based mainly on the date of your injury. Figure the amount of your weekly check by multiplying your average weekly gross wage by 70%.
Money received from workers’ compensation is NOT subject to withholding taxes, state or federal. You are not required to report this benefit when filing an income tax return.
To continue to receive these “temporary” benefits, you must remain under the active care of a doctor, whose opinion is you should be kept off work because of the injury and feels the treatment you are receiving continues to improve your condition.
Can You Sue Your Employer? If So, When?
Generally, your employer cannot be sued in district court for a workplace injury because employers provide workers’ compensation benefits for their employees. This trade-off typically protects them from personal injury claims brought on by an injured employee. There are some exceptions to this no-fault system, however. An Oklahoma City workers compensation lawyer can discuss the following exceptions with you if they apply to your case.
If you’ve been hurt at work and feel your employer caused this harm intentionally, you can bring a suit for this in civil court. Tort injuries also include non-physical injuries such as emotional distress. Here are the common intentional torts that workers comp injury attorneys handle:
Assault — an attempt or the threat to commit battery
Battery — an injury to your person, for example, you have been hit by something or someone
Conversion — someone steals your property and makes it their own
Defamation — someone lies about you, and it’s causing you harm, including libel and slander
False imprisonment — confinement against your will, with no legal authority
Fraud — you were lied to, and it caused you to suffer injury
Intentional emotional distress — you have been emotionally traumatized by cruel or truly horrific treatment
Trespass — an individual entered your property or used your property without permission
Sue for Injuries Caused by Third Parties
If you were harmed at work and feel someone other than your employer was responsible, i.e., a third party, you can sue that party. For example, if you know your injury was caused by defective equipment, you can file a suit against the equipment manufacturer.
However, if you receive damages, you may have to pay a portion of the settlement to your employer or your employer’s insurance company for repayment of the workers’ compensation benefits that you received.
A Workers’ Compensation Lawyer Can Help You Decide if You Can Sue Your Employer
It’s not always evident if you have a workers’ compensation claim or a civil claim against your employer. Making that determination requires the expertise of a workers comp injury attorney.
If you need help figuring out your next steps, consider having an experienced workers’ compensation attorney from Burton Law Group guide you through the process. Contact them today. You will be glad you did.