How to Claim a Work Injury

How to Claim a Work InjuryWhen you get hurt at work, asserting your rights can be a tricky balance. Most people believe that when you claim a work injury, you are only able to recover for damages through workers compensation. That is a false misconception; there are always exceptions to that rule. When you have been injured on the job, you need to speak to an experienced attorney right away in order to determine if you fall under one of those exceptions. Below is a very general overview of the types of compensation you can receive aside from workers compensation.

Product Liability

If you work with certain products or machinery and a defective product injured you, you can recover under a product liability claim.

Improper Labeling of a Toxic Substance

If handling a toxic substance at work caused your injury, and the manufacturer neglected to put proper handling instructions on their label, you can recover damages due to their negligence.

Intentional Conduct

If your employer took intentional action towards you that led to your injury, you can sue your employer.

No Workers Compensation Insurance

If your employer does not have any workers compensation insurance, you may be able to sue them for damages directly.

Third Party Liability

If you were injured in the workplace due to a third party’s negligence, then you may be able to recover some or all your damages from that other party.

While some people do recover from workers compensation, it tends to fall short of paying for all the damages inflicted. Workers compensation does not cover pain and suffering, which lasts long after the wounds have healed. It also does not apply punitive damages that would deter employers from making the same dangerous mistakes again. If you are injured in a work accident, you need to speak to an attorney as soon as possible so you can receive the compensation you are entitled to under the law.

Call Todd R. Durham today at (214) 222-4000 to schedule a free consultation.