Most will tell you that when you suffer from injury at work the only thing you can do is file a workers’ comp claim. Generally yes, that is true, but not all the time. Workers’ compensation insurance is a state mandated insurance that your employer must have if they have three or more under their employ. What this insurance does is protect employees in case of injury and provide them with financial, medical, and legal assistance that they will need if they undergo injury.
Workers’ Comp won’t necessarily be as much of a payment as you would receive if you were at work, but it will provide you with something that is more than nothing. If you file workers’ comp against your employer in most cases you are not eligible to sue as well, but there are some special cases that might lead to success if you partner with the McMahan firm of professional Knoxville workers’ comp attorneys.
Personal Injury Lawsuits in Addition to Workers’ Compensation
There is an exception to the rule of, “you can’t sue your employer on top of filing workers’ compensation insurance,” and we are here to confirm whether or not you are eligible for that rule.
Example: Let’s say that Jimmy works on a lift every day, and one day he notices that the lift is wobbly so he addresses that issue to his company owner. His employer hears what Jimmy has to say and he still chooses not to do anything to make the problem go away. Jimmy continues to do his job as his boss tells him to do, and one day the lift collapses while he was operating the lift. Jimmy doesn’t die, but he’s injured from the collapse of the lift, so what can he do now?
In cases like the one above including Jimmy, he will not only have the opportunity to file for workers’ compensation, but also to sue his employer. He has ground to sue his employer for intentional or egregious conduct. The employer made a bad judgement call and that resulted in Jimmy sustaining injuries. To be able to sue on these grounds Jimmy must be able to prove that there was a clear disregard for his safety through violation codes, or health codes.
If he is successful, he will be the eligible recipient of a 50% increase of workers’ comp benefits.
Finding a Knoxville Workers’ Comp Attorney
The McMahan law firm serves the Chattanooga and Knoxville Tennessee areas. We are readily available to assist you with the difficult question of, “what can you do if you’re injured in an unsafe working environment?” Our Knoxville workers’ comp attorneys can assist you every step of the way to help you choose the best decision for you, your finances, and your injuries.
If you have fallen victim to a case similar to the example above, you could also be eligible for an increase of your workers’ comp benefits. Again, these cases are extremely difficult to prove, and proving them on your own reduces the chances of a successful case dramatically.
Partner with a Knoxville workers’ comp attorney, like the ones at the McMahan law firm, so we can discuss the action that is necessary for your case. Contact us today.