Oftentimes when an individual is injured at work, they are advised that the only option that they have is to file a claim with the Employers workers compensation insurance. There are however, a variety of other situation when injured at work where the injured party may seek compensation outside of worker’s compensation.
For instance, if you’ve been injured as a result of your employer’s egregious conduct, you may have a cause of action for bodily injury in tort and not worker’s compensation. Also, if you are injured as a result of a third party’s negligence, you may bring a suit against that individual for negligence.
Other types of work related injuries that may give rise to personal injury and not workers compensation include:
- Injuries resulting from defective products or toxic materials can give rise to products liability or toxic tort claims respectively; and
- Assault and battery at work.
Finally, your employer’s failure to carry worker’s compensation insurance does not preclude you from recovery as there are state funds available for such instances, and you may sur the company in civil court for your injuries.
It is important to evaluate all factors when you are injured at work. If this has happened to you, please contact us. As always, we are here to help.
The Law Office of Dennis J. DiSabato, Jr., LLC
3888 Renee Drive, Suite 201
Myrtle Beach, SC 29579