Complacency is common when filing work injury claims. This is understandable, as many believe that workers’ compensation insurance was meant to handle every type of work injury. However, before contacting a Greenville workers’ compensation attorney, you should be familiar with some of the likely instances where you may be entitled to a lawsuit. Harris and Graves of South Carolina are here to teach you about some of these instances.
Workers in a great number of different fields work with dangerous equipment and substances every day. Of course, this dangerous equipment is vulnerable to manufacturing errors like any other type of equipment. If your injury was caused by faulty equipment, it is important to talk to your lawyer about suing the manufacturer. Sometimes simply operating dangerous machinery and being injured in the process also entitles you to a lawsuit, so this is important to mention.
Toxic substances cause two types of injuries, acute and latent. Acute injuries are immediately noticeable and include problems such as chemical burns, whereas latent injuries can take years to develop. Workers who were made ill by handling asbestos are a well-known example of those who suffer from latent injuries. Both types of toxic substance injuries can be subject to a specific type of lawsuit known as a “toxic tort”.
The reality of many workers is that they put up with demands that are outside of what should be reasonably expected of an employee. Sometimes employers demand that workers operate in unsafe conditions, even going so far as to threaten the employee with termination if they fail to do so. Occasionally, employers may get into heated arguments with their employees and injure them either directly or by using a third party (such as security). If you are injured in this way, some states will allow you to sue your employer. It is important to note that each state varies on laws regarding these types of lawsuits, and your lawyer will know more about the laws specific to your state.
If your employer is not insured for workers’ compensation, then you are allowed to sue them for damages. Unfortunately, this will leave you with the burden of proof, which means that you must show that the employer was at fault for the injury. However, some state governments provide compensation through a fund for those who have been injured under uninsured employers.
Third Party Responsibility
Some workers may find themselves in situations where they were injured while working by someone who may not even be involved with the company, or even by a customer or client. In this case, it is possible to sue the third party for damages while also filing a workers’ compensation claim. This is why describing the exact nature of your injury is important when talking to your lawyer.
Talk to a Greenville Workers’ Comp Attorney
If you have suffered a work injury, you’ll probably have a lot of questions. The law offices of Harris & Graves provide residents of Greenville with everything they can to get them the settlement they need. For more information, call today or complete our contact form.