To sue an employer for an on the job injury, an employee must gain all the evidence he can. The judge will review the case to see if the employee was treated unfairly, or wrongly denied a workers' compensation claim. An employee who chooses to sue an employer will need to prove that he sustained an injury. This could require an employee to bring her doctor or other expert witness to testify that an injury has truly occurred.
Medical And Wage Benefits
Most employers are required to purchase workers' compensation insurance. The insurance provides medical and wage benefits for employees who are injured on the job. The insurance pays all the medical bills or any lost wages because of an on-the-job injury. Workers' compensation insurance does not always prevent an employee from suing her employer, but the insurance helps cut down on the number of employee lawsuits.
No Insurance For Employees
If an employer does not carry workers' compensation insurance, the employee is entitled to file a lawsuit against the employer for the work-related injury. Not all employers are required to carry the workers' compensation insurance, such as farms, agricultural and construction employers. However, if an employee is hurt, the first option is workers' compensation. If the employer doesn't have the insurance, or is exempt from carrying it, the employee has the option to file a lawsuit against his employer.
Even if the employer has workers' compensation insurance, an employee can sue an employer for a work-related injury if the employer caused the injury through gross negligence. This means the employer neglected to provide a healthy and safe working environment for the employee. The employee needs to show the employer had a duty to him and breached the duty by failing to exercise reasonable care. The employee will need to prove to the court that the employer was negligent and caused his injury.
An employee who sues his employer for a work-related injury must be mindful of a few criteria. The employee cannot sue an employee for an injury that occurred outside of work, unless the employer sent the employee off the property to run an errand, on a sales appointment or any other work-related business. If conducting business off company property, the employee must be injured while en route to the specific location. A detour for a personal reason won't be covered.
When an employee is not on company time, he cannot sue his employer for a work-related injury, because she is not working. That is why when employees leave on lunch breaks off company property, she may be required to clock out. However, if the employee has clocked out, but is hurt on the business property, the employee may still sue the employer, if the accident or injury is the fault of the employer. This includes company functions, meetings, parties and other company events.