The answer to this question depends on the specific facts of your case. If your employer is at fault for your injuries, then you may be able to sue them. However, if a defective product or third party caused your injuries, then you may need to file a personal injury lawsuit against that party. Speak with an experienced personal injury attorney to learn more about who you can sue for your workplace injuries.
Your Employer
In general, workers’ compensation is the exclusive remedy for employees who are injured on the job. This means that you cannot sue your employer for negligence if you are injured at work. However, there are some exceptions to this rule.
For example, you may be able to sue your employer if:
- Your employer intentionally harmed you
- A defective product or equipment caused your injury
- Someone other than your employer (co-worker or third party) caused your injury
If you’re not sure whether you can sue your employer, you should talk to a workers’ compensation attorney. An attorney can evaluate your case and help you understand your legal options.
Product Manufacturers
You may be able to file a lawsuit against the manufacturer of work equipment if the equipment caused your injuries. To succeed in such a lawsuit, however, you will need to prove that the equipment was defective and that the defect caused your injuries.
Defective product liability law is complex, so it is important to consult with an experienced attorney if you believe you have a case. An attorney can help you investigate the accident, gather evidence, and build a strong case.
Co-Workers
You may be able to sue a co-worker if their behavior at work injures you. To succeed in such a lawsuit, you would need to show that the co-worker’s behavior was negligent or intentional and that this behavior caused you harm.
In many cases, your co-worker receives legal protection under your employer’s workers’ compensation insurance coverage. Your employer might choose to take disciplinary or legal action against a negligent employee. You’ll receive your benefits from your workers’ comp claim and/or the lawsuit against your employer and your employer, in turn, will recoup some of its losses from their separate actions.
If you are considering suing a co-worker, you should speak with an attorney to discuss your legal options.
Contact an Workers’ Compensation Attorney
If you’re wondering “who can I sue if I’m injured at work?” or you need information about workers’ compensation, we can help. For more information or to discuss your situation with a legal expert, contact Shugarman & Mehring at 410.783.4200 or toll-free at 888.342.7200.
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