Work Injuries | Pueblo | Colorado Springs

Work Injury Liability: Who’s At Fault?

Workers’ compensation handles a great deal of injuries and situations, adapting to an ever-changing society. Of course, there will always be times when more can and should be done. Although workers’ compensation was created to help avoid lawsuits, there are still situations in which one may be warranted. Those who suffer from a work injury are left with a lot of questions. An experienced workers’ compensation attorney from Heuser and Heuser can provide you with much needed support, advice, and guidance through a confusing process.

Dangerous and Faulty Equipment

Many people and entities are involved in a work environment, whether directly or indirectly. Equipment manufacturers are most certainly involved, particularly when their machines, devices, and gear cause problems. Despite being as careful as humanly possible, workers may still be injured when equipment malfunctions, and this is where a liability lawsuit comes into play. If a  manufacturer is aware of malfunctioning equipment, makes no warning about it, and allows the use of that broken equipment, they can be held responsible for the damage caused. Also, a worker may receive a settlement from them in addition to workers’ compensation benefits.

Toxic Substances 

Working with toxic substances is not a favorable task, but it is an unfortunate reality for many employees who have no idea they may be vulnerable to serious injury. Acute injuries from toxic substances, such as poisoning, are easier to prove. Latent injuries like mesothelioma are harder to prove unless direct causation with the toxic substance has been established. However, both types of injuries and indeed any toxic substance is subject to a type of lawsuit known as a “toxic tort.” Manufacturers or distributors of these substances can often be held responsible for damages.

Willful Misconduct

Also known as “intentional and egregious” conduct, the idea is the same: your employer directly caused your injury. Although some states prohibit or limit the ways in which you can hold an employer responsible, it is worth a conversation with your lawyer to find out if it is possible for you to file a lawsuit against your employer in tandem with filing for workers’ compensation. Whether they coerced you into working in unsafe conditions, hit you, or called security for no adequate reason, you may be entitled to sue them for damages.

Uninsured Employer

Just as being in a car accident with an uninsured driver complicates matters, so does being injured while employed by someone who does not have workers’ compensation insurance. Two directions may be taken when handling this situation: one being a lawsuit against your employer and the other being a state-sponsored fund set aside for this situation. Suing an employer in this instance brings back the burden of proof required of workers before workers’ compensation as we know it was developed. Which is to say, you must prove that they were at fault for the injury.

The other option is much simpler, though it is not available in every state. Your Pueblo workers’ comp attorney will have more information on the laws specific to your state.

Third Party Involvement

Sometimes during the course of employment, a third party unaffiliated with the company or its assets will be responsible for a work injury. In these cases, it is reasonable to file a lawsuit against that person for damages sustained, while also filing a claim with the workers’ compensation system. In certain cases, the third party’s insurance company will pay for the damages in lieu of a lawsuit. A prime example of this is a delivery driver getting into a car accident while making a delivery; the car insurance companies will likely handle the matter, while the delivery driver may also make a workers’ compensation claim since they were technically “at work” at the time.

Finding a Pueblo Workers’ Comp Attorney

If you are looking for a Pueblo workers’ comp attorney for your work injury, contact the law office of Heuser and Heuser for more information, consultations, and other legal services.