In most cases, you can’t file a personal injury lawsuit against your employer if you’re injured on the job, even if this was due to unsafe conditions. However, you may still be entitled to compensation.
If you’ve experienced an injury on the job in St. Louis or elsewhere in Missouri, you may be wondering what your options are for compensation. Do you file a claim for worker’s comp with the help of a St. Louis work injury lawyer? Or should you be thinking about a personal injury case?
You Will Generally Be Compensated Through Workers’ Compensation
In most cases, you can’t file a lawsuit against your employer if you’re injured on the job, even if this was due to unsafe conditions. This is because of how workers’ compensation works – it allows you to get compensation for an accident no matter who is at fault.
Your employer doesn’t have to be at fault – even if an injury is due to your own negligence, you can still generally get compensation for the injury. In the same way, if your employer is at fault because of an unsafe working environment, they may be penalized by regulatory authorities, but you will still usually need to pursue compensation through workers’ comp, rather than filing a lawsuit.
There Are Exceptions
In most cases, you can’t sue due to getting a work injury because of unsafe work conditions in St. Louis. However, there are a few circumstances when you might be able to sue, even while pursuing a worker’s comp claim.
- Intentional injury by your employer – In an extreme example, if a supervisor does something like intentionally move a ladder while you’re still on it and you fall and are injured, you may be able to sue.
- Injury caused by an illegal act – If a manager or employee assaults you on the job, for instance, this is illegal, and you may be able to pursue further damages through a lawsuit.
- Your employer doesn’t have workers’ compensation insurance – If your employer does not have a workers’ comp policy, they can face serious fines and penalties, and you will usually be able to sue them directly for damages since you won’t be able to file a workers’ compensation claim due to their lack of insurance.
Before deciding which course of action to take, it is a good idea to speak with an experienced work injury attorney. Filing a lawsuit could void your worker’s compensation benefits if you do not have a legitimate case. An experienced attorney can evaluate your claim for free and help you determine what compensation you are entitled to and how to go about getting that compensation.
Speak With an Experienced St. Louis Work Injury Lawyer
To protect your rights as a worker, it’s important to speak with an experienced workers’ compensation lawyer in St. Louis as soon as possible after a workplace injury. If you have been injured on the job due to unsafe working conditions, contact our legal team for a free case review, and make sure your rights are protected.