Circumstances That May Allow A Civil Lawsuit Following A Workplace Injury

By The Husband and Wife Law Team on March 28, 2011

Workers compensation insurance exists to protect Arizona workers who are injured on the job. It does not, however, always provide adequate coverage for the many serious injuries that can occur at an Arizona jobsite. Under certain circumstances, the injured worker may be able to file a civil lawsuit in addition to his or her workers compensation claim to receive additional compensation for the damages suffered.

Examples of workplace accidents that could merit a civil lawsuit include toxicity-related injuries and defective product injuries. Contractors or sub-contractors who are required to maintain a safe worksite for employees can be held liable. In cases where a defective product caused an injury accident, the manufacturer of the defective product can be held liable as well. Common defective products at work sites include tools, cranes, ladders, machines, tires and appliances. These civil lawsuits, which are filed against parties other than an employer, are known as third-party claims. Such claims are usually worth a lot more than workers compensation benefits.

It is rare that a worker may sue his or her own employer, but there are circumstances that may allow it. An injured worker may sue an employer if the employer failed to provide workers compensation insurance or if the employer’s deliberate conduct led to the injuries suffered.

The Phoenix workplace injury attorneys at Breyer Law Offices P.C. help injured workers and their families understand their legal options. We provide free consultations at 602-978-6400 to anyone who has been injured in an Arizona workplace accident. We understand the emotional and financial burdens shouldered by injured workers and their families. Call us today to find out how we can help.