Many employees feel comfortable at work, knowing there is workers’ compensation coverage in the case of an accident. Most employers also feel comfortable with this setup because if an injured worker receives workers’ comp, he or she can’t sue the company. While it seems to benefit everyone involved, there are some employers who choose not to subscribe to the state’s workers’ compensation program. Perhaps the employer carries personal workers’ compensation insurance, and perhaps he or she simply does not offer the benefit. While this may seem like more of a con for you as an employee, there are some pros to the situation.
Suing the Responsible Party
If you don’t have the option to file a workers’ compensation claim, there are some other ways to still receive compensation. Perhaps someone you work with caused your injury. You may be able to sue that responsible person in addition to suing your employer for cultivating a dangerous environment or encouraging violence. If the incident was a true accident, your lawyer can help you figure out how it could have been avoided so you have a case against your employer for not taking the proper steps to avoid it. If workers’ compensation were on the table, you may not realize there were so many other avenues for receiving compensation.
Receiving a Greater Amount of Compensation
When you are able to sue the responsible party, you could end up with a greater amount of compensation. Workers’ comp only pays for medical bills, lost wages, disability and death. A lawsuit that goes in your favor could end up with a settlement that includes one or more of the following.
- Medical bills
- Lost income
- Damaged property
- Loss of enjoyment of life
- Loss of consortium
- Emotional distress
- Pain and suffering
- Punitive damages
Getting In Touch With an Attorney
Regardless of whether your employer carries workers’ compensation or is a non-subscriber, it’s smart to get an attorney involved when you are injured at work. There could be extenuating circumstances you hadn’t realized, there could be more than one responsible party or there could be other legal items you simply don’t understand. When you get in touch with an attorney, he or she can explain those things to you so you can move ahead with a lawsuit against the responsible party.