Most states make it illegal to sue your employer for a workplace injury and worker’s compensation benefits are established to help in those situations. This is a system that allows workers to receive compensation for their workplace injuries, which can be used to compensate employees for missed time out of work and medical care. It’s a system that helps ensure the injured employee is cared for, following an accident, but what happens when a third party is the cause?
Sometimes, filing a claim for workmans comp Oregon isn’t the best choice. If a third party was involved in causing the accident, it may be worthwhile to seek damages from that person, or entity, instead. In these cases, a vendor, outside service personnel, or other individuals may be responsible for causing your injuries. If so, hiring a personal injury lawyer may enable you to obtain the compensation you need to pay the full cost of your recovery.
While it is illegal to sue an employer in most instances, there are exceptions to the rule. For instance, if your employer doesn’t have the worker’s compensation insurance mandated by the state, you may have to sue in order to receive compensation. Alternatively, gross negligence committed by your employer may have resulted in the accident and, in that case, a lawsuit against your employer may be necessary. A third exception to the rule involves a physical assault committed by a representative of your employer, but only when he wasn’t acting in self-defense.
When it becomes necessary to sue over a workplace accident, the best course of action is to speak with a personal injury attorney, who also specializes in worker’s compensation cases. This type of attorney will be best equipped to determine whether you should file a standard workman’s comp claim, or sue a third party. By knowing the best course of action to take, you’ll have more success in receiving the compensation you need. A settlement in either type of case can help you recover from the financial burden caused by lost wages, physical injuries, and the need for ongoing treatment.