Sometimes when people are injured on the job the first reaction they have is to bring a law suit against their employer. Generally, you are barred from suing your employer for a workplace injury. This is because when employers provide workers’ compensation insurance for the benefit of their employees, they are typically protected from defending personal injury claims brought by those employees. This workers’ compensation system was established as a trade-off in which injured employees give up their right to sue employers in court in exchange for the right to receive workers’ compensation benefits, regardless of who was at fault for their injuries. This is known as a no-fault system. However, there are some important exceptions. Read on to learn more about these exceptions.
Suit for an Employer’s Torts
If you were injured at work and you believe your employer intentionally caused you this harm, you can bring a suit for an intentional tort in civil court. Tort injuries include not only physical harms, but also non-physical injuries such as emotional distress. Here are the most common intentional torts:
Battery – injury to your person, i.e. you have been hit by someone or something
Assault – an attempted battery, or the threat to commit a battery
False Imprisonment – confinement against your will, without legal authority
Intentional Infliction of Emotional Distress – you have been emotionally traumatized by truly terrible conduct
Fraud – someone lied to you and it caused you to suffer injury
Defamation – when someone says something false about you and it causes you harm, including libel and slander
Invasion of Privacy – there are four types of invasion of privacy, but it generally means either your private information or photos of you were exposed to a large audience
Conversion – when someone takes your property and makes it their own
Trespass – someone entered your property or used your property without your permission
If you have been injured at work and would like information about possible remedies, please do not hesitate to contact the Northland Injury Law firm for a free consultation at 816-400-4878. An attorney experienced in the field of worker’s compensation law will be ready to advise you of your options and counsel you through this difficult time.