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Can I Sue My Employer for a Workplace Injury?

Male employee suffered a foot injury while at work | work accidents lawyer | Gash & Associates, P.C.

At Gash & Associates, P.C., we understand that experiencing a workplace injury can be a traumatic and confusing time. It’s important to know about your rights, when you might be able to sue your employer, and the difference between workers’ compensation and a personal injury lawsuit. Our goal is to give you a clear understanding of your options and help you make informed decisions after a workplace accident.

If you’ve been injured at work, call our White Plains office today.

The Basics of Workplace Injuries

If you’re injured at work, it’s important to know your rights and what steps to take next. Workers’ compensation is usually where you start. This program helps cover your medical bills and some of your lost wages, and you don’t have to prove anyone was at fault to get these benefits. But there are times when workers’ compensation doesn’t cover all of your needs.

You might have the option to sue your employer in certain situations. This can happen if there’s clear evidence of serious negligence by your employer or if they intentionally caused you harm. Also, if they’re legally required to have workers’ compensation insurance but don’t, you might have a case against them.

When Can You Sue Your Employer?

It’s not common to sue your employer, but there are exceptions. Let’s look at the situations where you might be able to take legal action:

  • Intentional Harm: If it’s clear that your employer purposely caused your injury, you will have grounds for a personal injury lawsuit against them. These are cases where it’s clear that carelessness was not the issue. Intentional harm, usually in the form of hazing or teasing, needs to have been the cause of the injury.
  • Gross Negligence: This is more than a simple mistake. If your employer didn’t take the necessary steps to keep the workplace safe, and that led to your injury, it might count as gross negligence. It means they required you to do a job under unsafe conditions, without the proper protective equipment, or in an area that should have been made safe for employees.
  • Defective Products: Here’s where it gets a bit tricky. If a faulty product hurts you at work, you could sue the product’s maker. And, if your employer knew the product was defective but still used it, they might also be liable.
  • Toxic Substances: If you got sick from being exposed to harmful substances at work, there could be a case for a toxic tort lawsuit. This kind of lawsuit can involve multiple parties, like the substance manufacturer and your employer.

If You’ve Been Injured at Work, Call Gash & Associates

Experiencing a workplace injury can be scary, but you don’t have to face it alone. At Gash & Associates, P.C., we guide you through every step of the legal process. Whether it’s understanding workers’ compensation or considering a personal injury lawsuit, we’re here to provide the advice and support you need.

If you or someone you love has been injured at work, call us at (914) 328-8800. Let us help you receive the compensation you rightly deserve.

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