Can I Sue My Job for a Workplace Injury?

Workplace injuries are more common than you might think. According to the Bureau of Labor Statistics (BLS), there were 2.8 million workplace injuries and illnesses in 2022, and 2.2 million of them led to missed workdays. The most common injuries involved falls or trips, overexertion, repetitive stress, or contact with machinery. 

Injuries causing lost wages, medical treatment, and physical therapy often qualify you for workers’ compensation. Employers typically must have workers’ compensation policies to cover the cost of on-the-job injuries that occur when workers are performing their regular work duties. It is meant to cover all expenses, lost wages, and other costs arising from the injury. 

Workers’ compensation can even cover expenses and benefits for the family and dependents of someone killed on the job. Typically, employees who receive workers’ comp cannot file a personal injury lawsuit. However, there are a few exceptions.

Here’s a look at your legal rights if you are injured on the job, what you should expect from workers’ compensation, and when you should consider a personal injury lawsuit against your employer. 

Types of Damages Recoverable in a Lawsuit

If you qualify to file a workers’ compensation injury lawsuit, you can receive a payout to cover certain damages, including the following. 

• Medical expenses: The payments can cover emergency care, physical therapy, and other long-term care expenses. 
• Lost wages and opportunities: You may be entitled to salary lost while recovering from your injury and any opportunities, such as promotions or professional certifications, that you could reasonably expect to have gotten had you not been injured.
• Pain and suffering and punitive damages: Personal injury suits can also include compensation for physical and mental pain. Additionally, your suit can include punitive damages if the employer or third party that caused the injury acted maliciously and negligently. 

Sometimes, the settlement or payout can include other expenses, such as travel costs for specialized medical care. 

Circumstances That Qualify for a Workplace Injury Lawsuit

If your employer follows workers’ compensation laws, you usually cannot sue them for personal injuries. However, there are some exceptions. 

• Third-party involvement: If a third party, such as an equipment manufacturer or delivery truck driver, caused your on-the-job injury, you can sue that entity, even if your employer provides workers’ comp. 
• Intentional negligence or misconduct: If your employer was purposely negligent, you can still sue them regardless of workers’ comp status. Examples of negligence can include willfully ignoring safety regulations. 
• Lack of insurance coverage: If your employer lacks workers’ comp insurance, you can sue them for the costs that the insurance would have paid.  

You may also pursue legal action if your employer does not follow workers’ comp rules. For instance, they might try to convince you not to file a workers’ comp claim. 

Can You Sue if You Accept Workers’ Compensation?

If your employer has workers’ compensation coverage, and you accept a payout, you cannot file a personal injury lawsuit against your employer in most cases. You can still pursue a case against a third party that was responsible for your injury. 

Circumstances That Qualify for Workers’ Compensation

Most workplace injuries will qualify for workers’ compensation. However, there are specific boxes that you need to check to start the claims process. Here are the types of injuries that are usually covered:

• Workplace accidents such as slips, falls, crush injuries, or vehicle accidents that occur on the job;
• Injuries due to repetitive motion or strain caused by activities you perform during the workday,
• Exposure to toxic substances or irritants;
• Injuries from violent confrontations with other employees;
• Cumulative injuries, such as hearing loss due to loud noises at work;

In some cases, you may qualify for workers’ compensation if you aggravate a preexisting condition at work. 

How To Determine if You Qualify for Workers’ Compensation

You also need to meet specific requirements to file a workers’ comp claim: 

• Be an employee of the company;
• Get injured or become ill while performing your regular job duties;
• Have an injury that was due to participating in activities not connected to job assignment; due to recreational activities primarily for personal pleasure incurred when consumption of alcohol / cannabis / controlled substance is the major cause of injury.  

A doctor must certify your injuries and the insurer must accept your claim before you get a payout.  

Why You Should Sue for Workplace Injury

There are several reasons why you might want to sue for a workplace injury.

• Your employer doesn’t have the correct workers’ compensation coverage.
• A third party (contractor or equipment manufacturer) was negligent and their negligence caused your injury.
• Another party (not your employer) was responsible for or in charge of work that involved risk or damages and you were injured at work.

The statute of limitations for personal injury cases in Oregon is two years. As time progresses, it can be more difficult to prove your injuries were related to the workplace incident. Therefore, it’s best to consult a lawyer right after the incident occurs. 

Employer Responsibilities Following a Workplace Injury

In Oregon, employers must follow specific steps when dealing with a workers’ comp claim. 

• Accept the employee’s claim and injury report.
• File workers’ comp forms (Form 801) with the insurer within five days of being notified of an employee’s injury.
• Report suspicions if necessary when filing the report.
• Provide documents, such as wage information, to the insurer.
• Contact the doctor to assess the worker’s ability to return to their job or undertake modified duties.

Employers can request a hearing with the workers’ compensation board for any aspect of the case. 

Steps To Follow After Being Injured at Work

If you are injured in a workplace accident, you must take certain steps to ensure you qualify for compensation.

• Notification: Tell your employer about the injury as soon as it occurs. They will have to file the paperwork for your workers’ comp claim.
• Medical evaluation: Have a medical exam to document your injuries. 
• Cooperation: Cooperate with insurers and independent medical examiners to provide evidence for your claim. 

You must also tell your employer when your doctor gives you the go-ahead to work again. 

Choosing Representation

You can choose legal representation if you are injured on the job. A lawyer can help you deal with any difficulties that arise during the workers’ comp process, defend your interests if your claim gets denied, or give you the legal insights you need to decide on your next steps. 

Here’s how to find the best lawyer for your workplace injury claims.

• Find a lawyer experienced in injury cases and workers’ compensation claims.
• Choose someone who has a good track record in your type of case. For instance, if you were injured in a crash while driving a company car, look for an attorney who has won auto accident cases. 
• Look for a law firm that is willing to listen to your needs. Don’t simply opt for someone promising a quick payout.

You can also consult a lawyer if your loved one was killed on the job to ensure you get fair compensation or file a wrongful death suit if the death was caused by negligence. 

As a worker, you have the right to pursue fair compensation for a workplace injury. You should consult a lawyer if there are any challenges or complicating factors to your claim.