The Law Office of Michael Osborne Offers Advice on Filing Personal Injury Suits After Workplace Accidents

When individuals are injured in the workplace, they usually expect to receive compensation only from their employer’s workers’ compensation insurance. Although generally this is the only compensation a worker is entitled to, there are a number of situations in which workers may be able to sue for damages caused by their injuries.

If a worker is injured by a defective product in the workplace, he or she may be able to bring a products liability action against the manufacturer, distributer or retailer of the product. The injured worker may be entitled to damages for any physical and emotional pain and suffering the accident caused. These types of claims can be difficult to prosecute successfully, so an experienced personal injury lawyer with a history of success in products liability cases is necessary.

If a worker is injured because of his or her employer’s intentional or egregious conduct, he or she might be able to bring a personal injury lawsuit against the employer. This doesn’t mean that the employer was merely careless or accidentally did something that caused an injury to the worker. This means the employer had intent to harm the worker or was grossly negligent or reckless.

If an employer does not have adequate workers’ compensation insurance, the worker may be able to sue his or her employer. If an employer does not have the workers’ compensation coverage mandated by law, the employer is considered to have opted out of the exclusive protection provisions that workers’ compensation provides, so the injured worker would be entitled to sue. It is important to remember, though, that in taking this action, the injured employee will be responsible for proving that the employer was at fault in causing the sustained injuries.

If a third party causes an injury to a worker on the job, he or she might be able to bring a personal injury lawsuit against that person. This third party must be someone who is not an employer or a fellow employee of the injured victim who sustained the injury. The victim must be able to prove that this party’s negligence or intent caused the injuries in question.

Although workers’ compensation can provide an injured worker with money and benefits, temporary disability and permanent disability payments are normally low and do not compensate the worker for non-economic damages, like pain and suffering. Workers’ compensation also does not provide punitive damages to punish an employer for poor safety controls or dangerous conditions. Injured workers need to understand their rights if they wish to bring a case outside of the workers’ compensation system.

The Law Office of Michael Osborne helps accident, wrongful death, and personal injury victims. To contact a Chicago personal injury attorney or learn more, visit http://www.michaelosbornelaw.com or call (312) 315-1765.

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