Most Arizona residents likely do not expect to become involved in a workplace accident. However, this kind of situation can happen to just about anyone, regardless of the type of environment in which a person works. Understandably, many emotions can arise following a workplace accident. A victim may feel confused, scared, even outraged. These emotions may drive a victim to want to act quickly. However, it is often important to consider consulting with an attorney with experience in workers’ compensation before taking any action.
One question that injured employees may have following a workplace accident is whether or not it is appropriate to sue an employer. In most cases, an employee is barred from such a suit when that employer has workers’ compensation insurance. The insurance typically protects employers. Workers’ compensation is a trade-off. Due to the insurance, employees may generally not sue their employers, but they also have the right to receive workers’ compensation benefits, no matter who was at fault, which is what is known as a “no fault” system.
However, exceptions do exist in which suing an employer may be appropriate. This includes cases where it is believed that the employer intentionally caused an employee harm. This may be the result of battery, assault, fraud, defamation, or an invasion of privacy. Such cases may allow victims to bring an intentional tort suit to civil court.
As becomes apparent, there are many nuances involved in workers’ compensation cases. Knowing just what actions to take following a workplace accident is not always easy. Thankfully, attorneys May be able to guide victims of workplace accidents through every step of the process, helping them decide what actions are appropriate.
Source: FindLaw, “Workers’ Compensation: Can I sue My Employer Instead?,” Accessed on March 1, 2016