Sunday 19 May 2024

Can You Claim Damages Outside Of Employees’ Compensation Insurance Due To Workplace Injuries?

Can You Claim Damages Outside Of Employees' Compensation Insurance Due To Workplace Injuries?

As the general rule for workplace injuries, an employee can only receive their damages from the workers’ compensation insurance.  However, there are some circumstances in which you may be able to sue for damages caused by your injuries. For instance:

Defective Product Injury

In a situation like this,  the company would have to pay off the employee for things like lawyers’ fees,  medical bills,  back wages, etc.,  hurt and agony.  When a member of staff is injured by a defective piece of equipment, failed to work correctly, or is essentially hazardous, the manufacturer of the machine or appliance can be held answerable for the injury.  Especially if the company knew of the danger and they should properly indicate in the machine warning the operator of such danger.

Toxic Substance Injury

Employees who have been injured or sickened by a toxic material, can seek legal assistance from your attorney and to aid you sort out the difficult issues concerned.  It will be to your best interest to get legal advice for settlement for recent or long exposure to toxic chemicals or substances.

Toxic chemical effects on Humans

Oftentimes, employees handle toxic chemicals and other substances that can cause severe injuries and illnesses. These substances can consist of such things as chromium compounds, radium,   silica, and asbestos.  But any substance that ills you could probably be the issue of a lawsuit.

Can You Claim Damages Outside Of Employees' Compensation Insurance Due To Workplace Injuries?

The source is the place where the chemical originates. Chemicals can go into the environment from diverse sources such as factories, incinerators, tanks, landfills, or drums.  Some common ways a person may be exposed to toxic chemicals is through water, soil, dust, sediments, air and food.   People come into contact with these toxic chemicals, they move through air, soil, and water.  They get into the air we breathe, the food we eat and the water we drink.  Exposure pathways are the habits a human can come into contact with toxic chemicals.  Inhalation, ingestion, and skin contact are the basic exposure pathways.

Inhaling or breathing into the lungs is inhalation. Taking something in by mouth is ingestion and skin contact occurs when something comes in direct contact with the skin.  Acute and latent are two types of toxic chemical injuries.  Acute are apparent immediately-chemical burns.  Latent injuries may take some time to appear, year’s even-cancers and lung diseases.

For assistance with filing a claim under your state’s workers’ compensation system (or under one of the federal programs discussed below), you may want to speak with an experienced work injury attorney.