In both criminal and civil cases, there are procedural aspects to be followed. One of such procedures is to make sure that the plaintiff sues the right party. Different people can sue and be sued in various aspects of the law. In the case of a workplace accident, the right person to sue varies depending on the circumstance of each case.
Workplace accidents take place all the time and could happen to anyone. This is why it becomes essential to know what to do if such arises in your workplace. Workplace accidents can result from a faulty machine, negligence of the employer, defective products, negligence of the worker, and lack of safety precautions in the place of work.
If you have been injured in the workplace, you are to take specific steps to sue the right party as an injured person. At this point, it is important to note that to do things right, you would need the services of a qualified lawyer. This is because you may be held liable under tort law if the wrong party is sued.
Generally, when there has been a workplace incident, the right person to sue is your employer. An employer in this context does not connote the owner of the company but the company itself. This is because a company is a legal person who is considered to be able to sue and be sued. However, before you sue, you have to consider the state worker’s compensation law.
If you have been injured in a workplace accident, there is a chance that you would be entitled to the worker’s compensation benefits as provided by the laws of your state. Some states make it compulsory for employees to take up worker’s compensation insurance to compensate their workers should there be a workplace accident. This benefit is available to workers even if the worker brought the accident on themselves. If you are entitled to a worker’s compensation benefit, then you relinquish your right to sue your employer for any injury caused to you.
However, there are some circumstances in which you may be able to sue your employer for a workplace accident. Before that, you must know what to do after a workplace accident, whether you have access to the worker’s compensation benefits or if all you have is the right to sue. In an article by Work Injury Source titled FAQs- When can you Sue your Employer for a Work Injury? it was explained that the injured party must take some steps after the workplace accident.
They include determining your workers’ compensation eligibility, getting a comprehensive medical evaluation, following your doctor’s medical advice, taking notes about the accident, and consulting with your lawyer about the case.
As stated earlier, you cannot sue your employer if you have access to workers’ compensation benefits. However, there are certain instances where you can sue your employer for a workplace accident. One such circumstance is when your injury is caused by a defective product produced by your employer. In this instance, you can bring a case against your employer under products liability. Another instance through which you may bring a case against your employer irrespective of workers’ compensation is if a toxic product like asbestos harmed you.
Furthermore, other instances where you can sue your employer irrespective of employee compensation is if the injury was caused intentionally by your employer, if the employer does not carry out workers’ compensation insurance as mandated and if your employer refuses to give you the right quantum of compensation you deserve for your injury.
You can also sue a third party in an instance of workplace injury. An example is if the injury results from a defective machine produced by a manufacturing company, you may be able to sue for damages under products liability. In this instance, your employer is not the right party to be sued. To avoid mistakes, you should employ the services of an experienced lawyer.
In conclusion, the procedural aspect of bringing a case before the court should be duly followed. However, it should also be backed up with good evidence. The best way of presenting your workplace accident evidence before the court is through the use of computer-generated animations.
Getting a highly competent trial animator to work with you during your case will always be a big plus to you getting fair and reasonable compensation for a workplace accident.