
When a worker is injured on the job by a defective product, the worker can sue the
manufacturer or distributor of that defective product; however, the workers’ compensation
insurer (or whoever pays the workers’ compensation benefits) may be entitled to be
reimbursed from monies recovered by the worker. A worker injured by a defective product must prove the same elements that anyone else must prove to recover for injuries caused by a
defective product, such as the defective manufacture or design of the product, and that such defect caused the worker’s injuries.
Below are some other workers’ compensation vs. employers’ liability situations in which a worker may recover additional damages:
If an employer engages in reckless, intentional, or dangerous conduct that causes a worker’s injuries, the worker may be able to sue for damages outside of what is provided by workers’ compensation, such as mental anguish, pain, and suffering, and/or punitive damages.
If a worker is injured on the job but the injury was caused by someone other than the employer, such as a contractor, visitor, or vendor, they may be able to sue that individual or company directly for the damages caused.
If a worker is injured by a toxic substance at his or her workplace, they may be able to sue for the toxic exposure, depending on what it is and how the exposure occurred.
If a worker is fired because they filed or could file a workers’ compensation claim, then they may have a claim against their employer for punitive damages since that would be unlawful.
While workers’ compensation is required by law and helpful to injured employees, those remedies are sometimes not enough to cover the damages experienced by an injured worker. An experienced workers’ compensation lawyer can help determine whether a worker may be able to sue someone else for additional damages or compensation, or whether additional claims may provide additional relief or damages. Contact workers’ compensation lawyer Jacob Maples at Richardson Maples today for a free evaluation of an on-the-job injury.
Jacob A. Maples
Jacob holds an AV Preeminent Rating from Martindale-Hubbell – a distinction held by approximately 10% of all attorneys. Jacob’s practice is focused on civil litigation. He primarily represents individuals in personal injury matters as well as disputes with insurance carriers.