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The right to sue if injured at work

On Behalf of | Nov 7, 2017 | Firm News, Personal Injury |

In most cases, if a person is injured due to the negligence of another person, he or she can file a personal injury claim in a Missouri court. However, this is not the case when a person gets injured on the job. Injuries in the workplace are covered under workers’ compensation. According to BizFilings, one of the elements of a workers’ compensation claim is that the employee agrees to waive his or her right to sue the employer.

FindLaw goes on to explain that while an employee cannot bring a personal injury claim, there may be other options available. If an employee feels his or her injury was intentional on the part of the employer, then he or she may file an intentional tort. This could be for fraud, battery, invasion of privacy or assault, for example. Employees getting workers’ compensation also have the right to sue for termination of benefits if they think their benefits ended too early and all appeals have been exhausted through the workers’ compensation process. Family of a worker can bring a wrongful death suit against an employer.

Finally, if a third party was involved, a worker can bring a lawsuit against that party. This could be, for example, if the injury was caused by a faulty piece of equipment and the worker sues the manufacturer of the equipment. The employer may bring a suit that the employee can join in a case like this or vice versa. This information is only intended to educate and should not be interpreted as legal advice.

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