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What if my injury is my employer’s fault?

On Behalf of | Jan 26, 2015 | Personal Injury

When an injury takes away your independence, mobility, or your ability to function, it’s frustrating. When someone else causes the injury, it can be infuriating. When you believe your employer is to blame, either through negligence or because you believe they intended to harm you, it’s devastating.

Because companies provide worker’s compensation for injured employees on a no-fault basis, employees are not allowed to access the legal system for the average on-the-job injury. This is the whole point of worker’s compensation-to compensate for injuries while protecting employers from legal action. However, there are a few exceptions, known as intentional torts.

If you believe your injury was intentional, you have legal avenues open to you that are not available for accidental injuries. These intentional injuries include physical harm as well as mental distress and harm to one’s reputation or property:

  • Assault and battery
  • False imprisonment
  • Infliction of emotional distress
  • Fraud
  • Defamation
  • Invasion of privacy
  • Conversion and trespass

You also have the right to sue for your on-the-job injury if a third party is responsible for your injury. This could include the manufacturer of workplace equipment that harmed you, for example. However, in the event that you win damages against a third party, that money may have to be used to pay back your employer’s insurer for your worker’s compensation claim.

At Bouchillon, Crossan & Colburn, L.C., our attorneys have more than 35 years dedicated to giving clients the attention, advice, support and empowerment they need to effectively meet their goals. We are committed to the principle that all persons shall have equal justice under the law. If you or a loved one has been injured and is seeking a qualified personal injury attorney, contact our Huntington, West Virginia office to speak with an attorney about your case, or call 304-521-4636.