When you suffer an injury at work, you will usually get benefits and help through the workers’ compensation system. The basis of this system is that you will not sue your employer for work accidents and the employer will provide you with no-fault benefits.
Sometimes, though, the situation involves an intentional tort, which would then give you the legal ability to sue your employer. An international tort, according to FindLaw, is when your employer did something on purpose to cause you harm.
Beyond workers’ compensation
Workers’ compensation only provides benefits for accidents and incidents where there is nobody clearly at fault. Generally, there is no reason to prove your case when you make a claim. If you have an intentional tort, though, workers’ compensation does not account for that. Workers’ compensation also does not cover some situations in which you may suffer an injury. In those situations where the system does not provide coverage, you may be able to file a lawsuit.
An intentional tort may result from your employer putting you in a dangerous situation without providing you the proper safety protection. It could also be a result of criminal activity, such as an assault. Fraud, defamation, false imprisonment and invasion of privacy are all also situations where you may have an intentional tort.
It is important that you review your situation with someone familiar with workers’ compensation so you understand whether you have a personal injury case or if you should stay within the workers’ compensation system. Be aware that going to court is a lot more complicated than making a workers’ compensation claim. You will have to pay for expenses you incur with the court case.