Contrary to what many people believe, you can receive compensation for an injury received in the workplace without filing a worker's compensation claim. There are situations that make it possible for you to sue your employer or others even if worker's compensation is not an option.
Here are 5 situations where you can sue outside of worker’s compensation:
Product Liability Action
A product liability lawsuit can be filed if you received injuries due to a defective product while in the workplace. Although the accident happened in the workplace, you can file a claim against the product's manufacturer.
Intentional or Egregious Conduct
If your company knowingly or wantonly put you in danger and their actions resulted in a serious injury, you can file a personal injury lawsuit that will allow you to receive a just settlement that may or may not include damages.
Related Article: "Third Party" Worker's Compensation in California
Injuries Caused by a Third Party
Injuries that occur as the result of the negligence of a third party, such as a vendor or other customer, may give you a reason to file a claim against them even though you are hurt at the workplace. Your company may be able to take a portion of your earnings if they have paid any of your medical expenses.
No Worker's Compensation Insurance
State law requires that companies carry worker's compensation for their employees. If they don't comply and you are injured while at work, you can file a civil lawsuit against them to collect money to cover your injuries and possibly recover damages.
Exposure to Toxic Substances
If you're exposed to a toxic substance that harms you in any way, filing a lawsuit against the company that made the substance is one way to be compensated for your injuries. Any earnings you receive may have to be split with your employer if they have already paid a portion of your medical expenses.
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