Suing Outside of Workers Compensation Court

Workers’ compensation is generally the sole means of compensation for employees suffering injuries.  Although this is generally the rule, there are several exceptions.  Under certain circumstances, you may be able to sue for damages outside of the workers’ compensation system.  Our Tulsa Workers Compensation Lawyers set these exceptions out and they include the following:

• Those injured by a defective product may be able to bring a products liability action against the manufacturer.
• When you were injured due to a toxic substance, you may be able to bring a toxic tort action against the substance’s manufacturer.
• If your employer does not carry workers’ compensation, you may be able to bring an action in civil court.
• When you receive injuries due to your employer’s extreme negligence or intentional conduct, you may be able to bring a personal injury lawsuit.
• If a third party caused your injury, you can pursue a personal injury suit against this third party.

Oklahoma Workers’ compensation insurance offers monetary benefits for injured workers.  However, temporary and permanent disability benefits are generally low and do not compensate employees for pain and suffering.  Workers’ compensation also does not allow for punitive damages.  Even in cases of extreme negligence by the employer that results in dangerous conditions in the workplace it is unavailable.  It’s important that all injured employees consult with our Tulsa workers compensation lawyers.

Defective Products in Work Related Injuries:

When an employee is injured by equipment that is defective, failed to work correctly, or is inherently dangerous, he or she may be able to hold the product manufacturer accountable.  For instance, if a construction worker is injured by a forklift that did not have adequate safety features, the worker would be able to seek workers’ compensation from the employer.  The worker would also have a possible products liability case. This is against the forklift manufacturer and your Tulsa workers compensation lawyers can identify this.

Employer Intentional or Gross Negligence:

If an employer purposefully injures an employee or acts with extreme negligence to injure an employee, the employer may be liable for damages that exceed that which the employee would receive through workers’ compensation.  The employer’s behavior must be deemed so egregious that it is essentially equivalent to intentional harm.  Employees who file a suit against their grossly negligent employers can seek greater damages than those in workers’ compensation.  This includes pain and suffering and punitive damages.

Third Party Negligence in Work Comp:

Sometimes, fault for your injuries does not lie with the employer or the equipment.  Third parties cause many workplace injuries due to negligence.  For instance, you receive injuries in a car accident while on the job.  You can bring a suit against the at-fault driver seeking coverage for your medical expenses, lost wages, pain and suffering and more.  If your injuries were the result of a third party, consult with a personal injury attorney early on to protect your legal rights.

High Quality Tulsa Workers Compensation Lawyers:

Sometimes, injured employees will have avenues for recovery outside the workers’ compensation system.  While workers’ compensation provides a means of obtaining quick compensation, other avenues may provide more substantial recovery.  Our skilled workers’ compensation attorneys will aggressively fight to see that you receive the compensation you deserve. This includes coverage of medical bills, lost wages, disability, and more.