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How Does Worker’s Compensation Affect Your Personal Injury Lawsuit Against Your Employer?

On Behalf of | Jan 21, 2014 | Insurance Law

Worker’s compensation is insurance purchased by a company to cover its employees in the event that the employee is injured at work. Worker’s compensation allows an employee injured at work to get paid no matter who was at fault. This is great for employers because it makes it harder for an employee to sue. But, even with worker’s compensation, an employee might be able to sue the employer for damages.

Worker’s compensation allows an employee to recover for his injuries. However, it is important to know that it covers only work related injuries. This means that if a person becomes sick due to chemicals used at work, falls, cuts himself, etc. then worker’s compensation can be used. But, if a person is injured outside of work then he will not receive any worker’s compensation.

Even with worker’s compensation, there are still situations where an employee may be able to sue an employer for his injuries. Employers are not allowed to act intentionally or recklessly and then claim that they cannot be sued because the employee is getting worker’s compensation to cover for the injuries. If an employer intentionally or recklessly causes harm to an employee, that employee should bring a cause of action against the employer to recover for damages. The damages that an employee can recover may be punitive damages, actual damages, or pain and suffering. This will depend on how the employee was injured and the nature of the injuries.

It’s also important to know that an employee may be able to recover if the employer does not have worker’s compensation. If the employee is injured and it is the employer’s fault, the employee is entitled to recover for his injuries. So, if the employer does not have worker’s compensation, the employee may be able to bring a lawsuit against the employer.

If you or someone you know is interested in more information about worker’s compensation, please contact Ms. Crossan at Bouchillon-CrossanLaw.com. Ms. Crossan represents employees in West Virginia. Her office is located in Huntington, West Virginia.