Employees are unable to file a lawsuit directly against their employer for costs related to their occupational injury or the recovery of their medical expenses. For this reason, workers compensation is the most sought-after source of remedy in an employee’s case of occupational injury or illness.

Workers comp benefits and the no-fault system

The workers compensation system in every state is designed to be a no-fault system. This means it’s irrelevant to the case whether or not an employee’s injuries or illness were the results of the employee’s negligence or the employer’s negligence.

This system was established to protect employees to ensure they have medical and recovery benefits. It was also established to protect employers from expensive direct lawsuits. Workers compensation costs overall accounted for a total of 1.6% of employer spending in 2010.

An employee’s personal negligence in their occupational injury or illness doesn’t typically affect the worker’s benefits. However, consult Arizona workers compensation attorneys you can trust if you’re worried about negligence being a factor in your compensation.

When you can file a direct lawsuit

Employees are unable to file a direct lawsuit against their employer except in certain circumstances. For instance, employees are able to file a direct lawsuit when their employer has intentionally harmed them. It must be noted that gross negligence isn’t enough to prove intentional harm.

To file a private lawsuit and to win that lawsuit, you must provide evidence that proves your employer intentionally went out of their way to harm you specifically. For instance, failing to fix a broken ladder counts as gross negligence, not intentional harm. However, an employer physically assaulting you is proof of intentional harm.

Filing against third parties

You may not be able to file a direct lawsuit against your employer, but you can file a lawsuit against a third party aside from your employer in certain circumstances. For instance, if you’re driving on the job and happen to be hit by a vehicle you can file for both workers compensation benefits and also file a lawsuit against the other driver.

Talk to Arizona workers compensation attorneys you can rely on

Speaking to a workers compensation lawyer is always a good idea, but especially if you believe you may have a case for a direct lawsuit or a third party lawsuit. The Arizona workers compensation attorneys at the law offices of Robert E. Wisniewski are experienced in workers comp lawsuits and occupational injuries. Contact AZ Hurt On The Job today for a consultation today. You may be able to file a direct or third-party lawsuit.