In this article, we'll look at workers' rights when they're injured on the job.
The first thing to do when it comes to to protecting your rights is to report your injury to your employer. Most states require that you report your injury within a certain period of time, typically the same day or within a few days of the incident. The sooner the better. Learn more about what happens when you're late reporting a workplace injury.
The next step you can take to protect your rights is to file a workers' compensation claim with the workers' compensation court or industrial court in your state. This puts your employer, the court and your employer’s insurance company on formal notice of your injury.
Once your claim is filed, certain automatic protections are immediately put in place, and we'll look at those in the next section.
Workers' compensation laws vary from state to state, but generally speaking:
In understanding your rights to act, as an injured employee it's just as important to understand your right to refuse certain requests or offers, and to be free from harassment and intimidation when it comes to making a workplace injury claim.
For example, if you are injured and your employer encourages you to use your own health insurance to pay for your medical treatment, rather than make a workers' compensation claim, you have the right to say “no.” (Learn more about seeking medical treatment for a work-related injury.)
Similarly, if your boss offers you some incentive in an attempt to get you to not file a workers' compensation claim, you have the right to say “no.”
The laws in each state allow you to pursue a workers' compensation claim without fear of reprisal or harassment from your employer. If your employer makes it difficult for you to freely exercise these rights, they could face a variety of penalties.
Sometimes an on-the-job injury is caused by the fault or negligence of a third party, such as the manufacturer of defective equipment, or the driver of a delivery truck. You may have the right to bring an injury claim against that person or entity. Typically, such a claim isn't filed in the workers' compensation universe, but in civil court as a lawsuit.
Filing a civil lawsuit for work-related injuries means you can typically seek payment for some losses ("damages" in the language of the law) that aren't recoverable in a workers' compensation claim.
For example, the benefits you receive in a workers' compensation claim are typically intended to reimburse you for your medical expenses and lost wages—you are usually not allowed to seek compensation for "non-economic" damages, such as the mental and physical pain and suffering resulting from your injuries. But in a personal injury lawsuit against a third party, these kinds of damages are recoverable. Learn more about when you can sue outside of workers' comp.
If you think the circumstances of your workplace injury might enable you to file a workers' compensation claim or take other legal action, it might make sense to discuss your situation (and your options) with a lawyer. Learn more about when to hire a workers' comp lawyer, and when to get help from a personal injury lawyer. And if you're ready to reach out for help now, you can use the features right on this page to connect with a lawyer in your area.
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When you’re hurt or become sick because of your job, you’re generally limited to the benefits you can get through workers’ comp—meaning you aren’t allowed to sue your employer to seek compensation that would cover all of your losses, including pain and suffering. Workers’ compensation is generally considered the “exclusive remedy” for employees and their survivors.
Exceptions to the “exclusive remedy” rule vary from state to state, but they generally include situations in which:
Lawmakers in some states have taken action to extend workers’ compensation coverage to include COVID-19 as a work-related illness for various types of workers, typically first responders, healthcare workers, and essential workers.
If you live in a state where workers’ compensation doesn’t cover workers impacted by COVID-19 in your industry, the workers’ comp exclusive remedy rule might not stop you from suing your employer for contracting COVID-19 on the job.
Many workers have complained that their employers put them at an increased risk of exposure to the coronavirus by, for example:
In the midst of a global pandemic, would these kinds of missteps allow you to sue your employer if you became sick as a result? The answer depends on the laws in your state, how courts interpret those laws, and ever-evolving guidelines from government agencies and authorities. If you have questions about if, when, and where to file a lawsuit after contracting COVID-19 at work, talk to a lawyer who is up to date on the latest developments in employment and personal injury law in your state.
Many people who work in places like airports, warehouses, and offices, worry about bringing the virus home with them and spreading it to their families. Can an employer be liable when a worker’s spouse or child gets sick after the worker is exposed on the job?
Lawsuits claiming that workers brought COVID-19 home and infected family members are called “take-home” liability cases. The take-home theory was developed in cases involving secondary exposure to workplace asbestos. As of late 2022, dozens of take-home COVID-19 cases have been filed across the country with the California Supreme Court set to take up the question in Kuciemba v. Victory Woodworks.
In an attempt to return to business as usual, thirty or so states passed laws in late 2020 and early 2021 designed to protect businesses from COVID-19 lawsuits filed by workers, customers, and vendors.
These COVID-19 shield laws generally protect businesses from lawsuits that try to hold them legally responsible for a person’s COVID-19 infection, unless the person suing can prove gross negligence, willful misconduct, or failure to follow public health orders. The specific details of the laws vary from state to state.
Lawmakers have described COVID-19 shield laws as protecting businesses from lawsuits by employees, even though workers’ compensation laws already block many employees from filing lawsuits over workplace illnesses and injuries. Critics argue that shield laws encourage employers to be lax about following health and safety guidelines that protect workers from the virus.
If you haven’t gotten COVID-19 yet but are concerned that conditions at your workplace put you at heightened risk, you should raise the issue with your employer. If that doesn’t lead to concrete changes, you can try filing a complaint with the federal Occupational Health and Safety Administration (OSHA). Although critics agree that OSHA's response to COVID-related complaints has been inadequate, taking this step could provide you with some protection. Under federal law, your employer is not allowed to discipline you, fire you, or engage in any other form of retaliation against you for filing an OSHA complaint.
You have workplace rights during the COVID-19 pandemic, including the right to refuse to work under hazardous conditions if you’re in imminent danger. And if you’re fired for taking that step, you might have grounds to sue your employer for wrongful termination. In some states, like California, you might also have grounds to sue for wrongful constructive termination if you were essentially forced to quit because your employer created an unsafe work environment—a tactic used in lawsuits filed by former corrections officers at a private immigration detention center.
Some workers have used state public nuisance laws to sue their employers for endangering the public by failing to take steps—like social distancing, sanitizing, and providing employees with facemasks—to prevent the spread of COVID-19 among employees, their families, and the community at large. In at least two of these lawsuits (in Illinois and California), judges issued preliminary injunctions ordering McDonald's franchises to take specific protective measures.
Workers have also used state laws on unlawful business practices to sue employers for failing to comply with public health directives on workplace safety. In at least one of these suits, against a large poultry processor in California, the judge issued a preliminary injunction ordering the employer to take certain safety measures to protect workers from COVID-19.
As with everything related to the pandemic, your legal options if you contracted the virus at work may change—depending in part on what courts decide in response to early lawsuits, actions by states to make it easier for some employees to get workers’ comp benefits for COVID-19, and how lawmakers respond to pressure from businesses to shield them from lawsuits when their employees get sick with the virus.
If you believe you contracted the virus on the job, your best bet is to speak with a lawyer. An attorney can explain how workers’ compensation and personal injury law currently applies to your situation and lay out your options for seeking compensation for your losses.
]]>The most common situations in which it might be possible to sidestep (or supplement) the workers' compensation process and file a lawsuit over a workplace injury include:
Let's take a closer look at some of these situations.
Some workplace injuries are caused by a product, machine, or piece of equipment that is defective or fails to work properly. In these situations, it's possible that the manufacturer of the product or equipment can be held responsible. For example, if the manufacturer knew of the danger and didn't take proper steps to warn the business or employees, the manufacturer might face a lawsuit in court, which could mean liability for the injured worker's medical bills, lost wages, and pain and suffering.
For example, let's say Thea works in a factory that produces office products. Her job is to operate a punch press that punches holes in boxes. One day, when Thea puts her hand into the press to adjust a box, the foot pedal she uses to stop the press sticks, and the press crushes three of her fingers. Thea can collect workers' compensation from her employer, and she also has a possible product liability case against the manufacturer of the defective press.
If you've been injured by an unsafe machine or other equipment in your workplace, consider talking to an attorney about your options. You can also file a complaint with the Department of Labor's Occupational Health and Safety Administration if there have been unsafe conditions (for more information, see Nolo's article OSHA: Complying With Workplace Health and Safety Laws), in addition to filing a workers' compensation claim. This is a particularly important step to take if your employer is still requiring you or other employees to use the faulty/dangerous equipment.
Sometimes chemicals and other substances that workers work with or around are toxic and can cause severe injuries and illnesses. These substances can include asbestos, benzene, chromium compounds, silica, and radium, but any substance that harms you could possibly be the subject of a "toxic tort" lawsuit.
Generally speaking, there are two kinds of toxic injuries: acute injuries are apparent immediately, while latent injuries may take years to appear. Examples of acute injuries include chemical burns and poisonings. Examples of latent injuries include cancers and lung diseases. Because of the time delay, latent injuries tend to be more difficult to prove than acute ones, but workers have been successful in lawsuits brought years after their exposure to the toxic substance. In particular, workers who suffer from asbestosis or mesothelioma almost always succeed in claims because the causation between exposure to asbestos, asbestosis and mesothelioma is well established.
Of course, it's not always clear who is on the legal hook when a worker is injured by a toxic substance on the job. While the worker might be able to sue the manufacturer of the toxic substance, there might be situations in which the employer failed to take proper safety precautions, didn't provide adequate safety equipment, or otherwise fell short in its obligation to protect workers.
If a substantial amount of time passed between your exposure to a toxic substance in the workplace and the onset of your illness, you might want to discuss your situation with a legal professional. Crucial (and complicated) issues related to causation (the link between your exposure and your illness) and your right to sue after the passage of years (set by a law called a statute of limitations) are best handled by an experienced lawyer.
If the toxic substance is continuing to make the workplace unsafe for your or others, consider taking the additional step of filing a complaint with the Occupational Safety and Health Administration (OSHA).
Sometimes when an employee is injured on the job, the fault lies not with the employer or with a dangerous substance or machine, but with another person. In such a case, the employee might be able to sue that person for damages.
For example, Diana drives a company car to make sales calls on her clients. While en route to a client's office, she is hit by Joe, who runs a red light. Joe is at fault in the accident and is the cause of Diana's injuries. Diana can bring a lawsuit against Joe for damages (and Joe's car insurance company may pay out a settlement without a lawsuit).
A workers' compensation claim can provide a quicker avenue to money and benefits to an injured worker. But temporary disability and permanent disability payments can be low, and don't compensate the worker for the full spectrum of damages that might be available in a lawsuit, including compensation for the injured person's pain and suffering, and punitive damages that might punish an employer for poor safety controls or dangerous conditions.
In addition to the lawsuit scenarios we've described in this article, you might be able to government benefits such as Social Security disability insurance (SSDI or SSI) if your injury is disabling and prevents you from working. For more information, see Nolo's article on Social Security Disability Benefits.
If you think the circumstances of your workplace injury might enable you to file a personal injury lawsuit (in lieu of or alongside a workers' compensation claim), it might make sense to discuss your situation with a lawyer. The threshold issues of who might be at fault for a worker's injury—and the right procedural path for the injured worker to take—need to be answered correctly in order to ensure the best outcome. Learn more about getting help from a personal injury lawyer.
]]>Asbestos is a naturally occurring, fibrous material. In part because of its durability and resistance to heat and flame, asbestos has been utilized in dozens of industries and occupations for decades. But, long before its popularity in industry peaked, asbestos became linked to health problems. And, over the years, thousands of workers have developed a deadly asbestos-related disease called mesothelioma.
The dangers of asbestos have been clear for decades now. Everyone breathes in trace amounts of asbestos each day, since it occurs naturally in the environment. But, because asbestos fibers can be inhaled, even short-term exposure to significant levels of asbestos on the job can lead to breathing problems, coughing, and shortness of breath. Asbestos has been classified as a carcinogen (cancer-causing) substance. So the most serious health risks come from long-term exposure to asbestos on the job -- especially for older people who may have spent decades in the workplace before the advent of safety measures that help protect employees from most asbestos exposure in the modern workplace.
Serious health problems related to asbestos exposure include:
Even now, decades after the advent of health concerns about asbestos and the rise in deadly asbestos-related diseases like mesothelioma, exposure to asbestos is still quite common (even necessary) in some lines of work. Here's a list of occupations and industries that have traditionally seen workers exposed to significant levels of asbestos:
If you work with or around significant amounts of asbestos as part of your job -- or if you're worried about exposure to asbestos in the workplace -- talk to your supervisor or union about any health risks and the steps that are being taken to minimize those risks.
The Occupational Safety and Health Administration (OSHA) and other workplace safety agencies are supposed to carefully regulate and monitor asbestos exposure on the job -- they even set permissible exposure limits for different kinds of industries. So chances are, if your job does involve exposure to significant levels of asbestos, your employer is legally required to take certain steps to protect you and your coworkers from any health risks involving asbestos.
Depending on the industry you work in and the specifics of your job, you may be legally entitled to receive -- and your employer may be legally obligated to provide -- the following kinds of on-the-job protections from asbestos exposure:
Most of these safety measures are covered by OSHA regulations. Learn more about employees' rights to a safe workplace with Nolo's Your Health and Safety at Work FAQ.
You can find more information on asbestos in the workplace, including OSHA standards and protections for workers, on the OSHA Asbestos website at www.osha.gov/SLTC/asbestos/.
If your employment history (or your current job) involves working with or around significant amounts of asbestos, you may have questions about lawsuits over asbestos exposure. If so, here are a few things to keep in mind.
Who is legally responsible? Generally speaking, if an employee (or former employee) suffers from health problems that are caused by asbestos in the workplace, a lawsuit would be filed against some or all of the following:
(Note: workers compensation -- and not a lawsuit -- is usually the exclusive remedy even when an employer has failed to properly protect workers from asbestos exposure.)
In some cases, an asbestos victim compensation fund might already be in place, which may streamline the financial recovery process in an asbestos-related lawsuit. Learn more about these kinds of cases in Nolo's article Asbestos and Mesothelioma Lawsuits: What to Expect.
Finding a lawyer. If you think you might have developed some type of asbestos-related illness or are concerned because you've been exposed to asbestos on the job, you may want to talk to an experienced attorney. At the very least, you may be entitled to health monitoring and testing, which can mean valuable early detection of any asbestos-related health problems.
Remember that mesothelioma and health problems linked to asbestos exposure can take years to show up. Even if it's been a decade or more since you worked with or around asbestos, you may not be out of the woods yet when it comes to potential health problems. To learn more about how an attorney can help you, check out Nolo's article How to Hire a Mesothelioma or Asbestos Lawyer.
]]>The American Academy of Family Physicians has found that Carpal Tunnel Syndrome affects approximately three to six percent of all adults in the United States. While the percentage may sound small, in real numbers it means that as many as 15 million people may suffer from Carpal Tunnel Syndrome. Read on to learn more about this condition, and your legal options if you're thinking about making an injury claim over CTS.
According to the National Institutes of Health (NIH), "carpal tunnel syndrome occurs when the median nerve, which runs from the forearm into the palm of the hand, becomes pressed or squeezed at the wrist." The median nerve is responsible for controlling the movement in your hand of the thumb and first three fingers. This "pressing" or "squeezing" on the nerve tunnel makes that canal smaller, resulting in an irritation of the nerve. The condition can be quite painful and it is generally progressive, meaning that it gets worse over time.
Carpal Tunnel Syndrome can be caused by a variety of factors, including disease and even pregnancy. However, the most common causes are repetitive motion and trauma.
Repetitive motion occurs where you make the same hand or wrist movements over and over. There are many different types of activities that may include repetitive hand or wrist motions, including some types of jobs. These include:
Carpal Tunnel Syndrome can also be caused by trauma or injury to the wrist. A car accident, slip and fall, or work-related accident that causes broken or fractured bones may lead to CTS symptoms. Wrist sprains or strains can have the same result.
Symptoms of Carpal Tunnel Syndrome can vary from person to person, and also depending on the nature of the activity that caused the condition. However, the most common symptoms include:
If you have been diagnosed with Carpal Tunnel Syndrome you may have a valid legal claim, meaning that you might be able to get compensation for your injuries and related losses (your "damages" in legalese). Keep in mind that not every diagnosis of CTS will give rise to a valid injury case. And no matter what kind of claim you pursue, the success or failure of your case will likely turn on your (and your doctor's) ability to determine the cause of your medical condition.
Workers' Compensation Claims. If your occupation requires repetitive motion or activities and you’ve experienced CTS symptoms, then you may have grounds to file a workers compensation claim. This is also true if you develop symptoms but have left that particular job. Repetitive motion injuries may take months or years to develop. The symptoms may not manifest until after you have left the job that caused the condition.
The workers' compensation systems in most states recognize Carpal Tunnel Syndrome as a compensable medical injury. Depending on the nature of your injury, and the state in which you live, you may be entitled to recover your medical expenses and lost wages, as well as compensation for any resulting level of disability. Get the details on workers' compensation benefits and the claims process.
Personal Injury Lawsuits. If your carpal tunnel condition was caused by an event unrelated to your job, such as a car accident or other traumatic occurrence, you may still be able to pursue a legal claim for your injury. It is not uncommon for drivers involved in car accidents to experience traumatic wrist injuries from, for example, impact that occurs when their hands are gripping the steering wheel. These wrist injuries sometimes lead to Carpal Tunnel Syndrome. Get the details on resolving a personal injury claim.
Social Security Disability. In addition to a workers' compensation claim or personal claim arising out of an event like a car accident, Social Security Disability Benefits may also be another avenue through which you may pursue a legal claim if you are experiencing symptoms of CTS. Learn more about filing for social security disability benefits.
]]>If you are a construction worker and you suffer a work-related injury, you may have several options available to you when it comes to making a claim. Read on to learn more.
As with most occupations, if you are injured while doing construction work you are probably eligible for workers' compensation benefits. The workers' compensation systems vary from state to state, but they generally have several elements in common:
A workers' compensation claim typically pays for:
The reasoning behind this limitation on the benefits paid in a workers' compensation claim is that, in exchange for not having to go through expensive litigation to prove that someone else caused your injury, you give up your right to pursue other damages such as pain and suffering.
Learn more about Workers' Compensation Claims and Benefits.
In addition to workers' comp, you may be entitled to bring a claim for damages against other persons or entities. This will depend not only on the particular circumstances of your injury, but also the rules in the state in which you live.
In a typical construction job, you frequently work with other subcontractors or vendors. There are often many other persons on a job site, operating heavy machinery or even driving trucks. Additionally, other persons who aren’t even on the job site also may also play a role in on-the-job injuries. These persons may include architects, engineers, and suppliers. If you are injured due to the negligence of one of those persons, you may have a claim for damages against not only that individual, but also that person’s employer.
These actions take the form of a traditional lawsuit with the same rules and procedures as if you were pursuing a personal injury following a car accident. To prevail in such a lawsuit, you must generally prove all three of the following requirements:
Learn more about Negligence and the Duty of Care.
Negligence by another person or entity can occur in any number of situations on a construction site. Some of these include:
More: Workplace Injuries: When You Can Sue Outside of Workers' Comp.
Sometimes your injury may be caused by a piece of equipment, but the injury wasn’t necessarily caused by the improper use of that equipment. Rather, the equipment or tool may have malfunctioned due to a faulty design or poor manufacture.
In that situation, your claim would again be brought as a civil lawsuit, but one for “product liability.” The defendant in the lawsuit could be anyone from the designer of the tool to a supplier of parts used in the assembly of the equipment. Even though those persons or entities may be far removed from the construction site in terms of both time and distance, their actions may still have played a role in your on-the-job injury. A product liability lawsuit takes the same form as any other civil suit but the elements that you must prove in court are slightly different. You generally must show:
Get more information on Proving a Product Liability Claim.
]]>Back in 1908, long before state workers' compensation laws came into existence, Congress moved to protect the rights of injured railroad workers by passing the Federal Employers' Liability Act (commonly referred to as “FELA”). Under FELA, injured railway workers can seek compensation ("damages") in court for injuries suffered while on the job.
FELA claims are similar to workers' compensation claims in that both systems carve out legal remedies for workers who have been injured on the job, but there are several key differences between the two systems. We'll cover those differences—and much more—in the sections that follow.
Learn more about work-related injuries and your legal rights.
FELA applies to almost any person who is employed by a railroad, in almost any capacity. That includes:
Even if an injured worker is an independent contractor—and not an employee of the railroad—they might be able to file an injury claim under FELA, especially if the worker's activities were closely supervised and controlled by the railroad. Learn more about employees versus independent contractors.
The categories of compensation ("damages") that are usually recoverable through a FELA claim are often more extensive than what can be received through workers' compensation benefits. Specifically, a FELA claim can typically include compensation for:
FELA covers almost every variety of injury or illness that might occur because of accidents or unsafe conditions in the workplace, including:
In a workers' compensation claim, an injured employee isn't required to prove that their employer was negligent (or otherwise at fault for the injury) in order to get compensation. But with a FELA claim, the injured employee is usually required to show that:
A railroad's negligence might lead to an employee injury in countless ways, but some of the most common scenarios include:
Learn more about negligence and injury cases.
In a sense, yes. If the railroad worker's injury happened in connection with the railroad's violation of a safety regulation or other law aimed at ensuring a safe workplace, the injured worker usually doesn't need to prove anything more in terms of the railroad's negligence (just the fact of the violation).
In many situations, if a railroad employee's injury was caused by the negligence of an outside contractor hired out by the railroad, the contractor will be considered an "agent" of the railroad, and any negligence on the part of the contractor will be passed on to the railroad for purposes of a FELA claim. Examples here might include smaller short line railroads, construction companies, and other outsiders who are contracted to work alongside the railroad, either on an ongoing or temporary basis.
Even if the railroad employee's own negligence played a role in causing the accident, that's not a bar to pursuing a claim or collecting damages under FELA. But the concept of "comparative negligence" applies to FELA claims, so the court will consider the claimant's share of fault for their own injury, and reduce any damages award accordingly.
For example, if the court looks at all the evidence and decides that an injured signalman's total damages are $100,000, but that the signalman was also 25 percent to blame for his injury, the court will reduce the signalman's damages by 25 percent, leaving him with an award of $75,000.
The time limit for bringing a FELA lawsuit is set by a federal "statute of limitations." This law says that a FELA lawsuit must be filed within three years of the date of injury. If you don't bring your lawsuit within three years, your claim could be completely barred and you won't receive any compensation at all.
If improperly secured equipment falls on a railroad worker, breaking his shoulder, it's pretty clear that the three-year "clock" for filing a FELA claim starts on that day. But the question gets more complicated depending on the nature of the injury. For example, if you suffer from hearing loss or cancer caused by unsafe working conditions, how do you determine the date of your injury? The general answer is that the three-year statute of limitations begins to run when you know (or should have known, in the eyes of the law) that:
FELA is a federal law, but a lawsuit brought by a railroad worker under FELA can typically be brought either in federal court or state court.
It's important to note that most injury cases settle, and FELA claims are no exception. A settlement might even be reached before a lawsuit needs to be filed in court, if the injured worker and the railroad can reach an agreement that suits both sides. But protecting your rights doesn't start with filing a lawsuit.
Any time you're injured on the job as a railroad worker, it's crucial to protect your health and your legal rights, regardless of whether you end up filing a FELA claim. Here a some first steps to take:
A FELA claim isn't the kind of legal matter you want to try resolving on your own, especially if your injuries are serious. There are many reasons for this. For example:
In many parts of the country where railway hubs are located, local lawyers may specialize in FELA claims. Learn more about finding the right injury lawyer for you and your case.
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