Is it Worth Suing Your Employer?
The first question you should ask yourself is “Is it worth using my employer?” If you were injured on the job, you can seek full-blown compensation and workers’ compensation from your employer. It is not possible to sue if the injury was not intentional. For injuries, only large employers and those with a medium-sized businesses can be sued. Before filing a lawsuit, speak with an employment lawyer.
Intentional harm is not enough to bring a lawsuit against your employer
Although you may be unsure if intentional harm is sufficient to bring a lawsuit against your employer for negligence, it is a fact of life that negligence is not enough. Intentional harm must be based on the employer’s actual intent to injure the employee. If the boss deliberately punched you, this would constitute intentional harm. If the employer was not negligent, however, negligence may be considered intentional harm.
Workers’ compensation and full-blown damages can be obtained from a lawsuit
Having a lawsuit against your employer may not be a good idea if you haven’t been paying attention to your employer’s workers’ compensation program. Depending on your case, it may be possible to get both types of compensation if you have been hurt on the job. The most common example of this is when your employer fails to pay you for your injury. In this scenario, your workers’ compensation insurance carrier pays for your lost wages and medical bills.
A claim for partial disability may be possible if you have been hurt at work and are unable to lift more than fifty pounds. Partial disability means you are not earning half as much as you would on light duty, but your doctor can recommend a job that requires you to lift objects weighing under twenty pounds. You can get 2/3 of the difference for light-duty, which pays less than $900 a week. Your employer may attempt to minimize your claim if your injuries were not treated in a timely fashion.
You should consult with an employment lawyer before filing a lawsuit
First of all, you should discuss your intentions with your employment lawyer. You may feel that you have grounds to file a lawsuit against your employer. However, if there is no evidence to support your claims, you should reconsider the plan. An experienced attorney will evaluate your case to recommend the best course. A lawsuit against an employer can be damaging for both sides, so it’s imperative to hire an employment attorney if you want to maximize your chances of winning.
First, you must file a complaint with Equal Employment Opportunity Commission to file a lawsuit against your employer. After the investigation is completed, the EEOC will investigate your discrimination claim and issue you a Notice to Sue. You can request a Notice of Right to Sue in federal or state court if you file a lawsuit prior to the EEOC’s investigation.