Suing Outside of Workers Compensation Court

Tulsa Workers Compensation Lawyers Discuss Suing Outside of Workers’ Compensation

Tulsa Workers Compensation Lawyers

Workers’ compensation is generally regarded as the sole means of compensation for injured employees.  Although this is generally the rule, there are several exceptions.  Under certain circumstances, you may be able to sue for compensation for the damages sustained due to your injuries outside of workers’ compensation.  These exceptions include the following:

• Those injured by a defective product may be able to bring a products liability action against the manufacturer of the defective product.


• If you were injured due to a toxic substance, you may be able to bring a toxic tort action against the substance’s manufacturer.


• If your employer does not carry workers’ compensation, you may be able to bring an action in civil court.


• If you are injured due to your employer’s extreme negligence or intentional conduct, you may be able to bring a personal injury lawsuit.


• If a third party caused your injury, you can pursue a personal injury suit against this third party.

Oklahoma Workers’ compensation offers monetary benefits for injured workers, but temporary and permanent disability benefits are generally low and do not compensate employees for pain and suffering.  Workers’ compensation also does not allow for punitive damages, even in cases of extreme negligence by the employer that results in dangerous conditions in the workplace.  For these reasons, it is important that all injured employees consult with our Tulsa workers compensation lawyers who will evaluate your full range of legal rights.

Defective Products

When an employee is injured by equipment that is defective, failed to work correctly, or is inherently dangerous, he or she may be able to hold the product manufacturer accountable for the injuries that result.  For instance, if a construction worker is injured by a forklift that did not have adequate safety features, the worker would be able to seek workers’ compensation from the employer, but would also have a possible products liability case against the forklift manufacturer.

Employer Intentional Misconduct or Gross Negligence

If an employer purposefully injures an employee or acts with extreme negligence to injure an employee, the employer may be liable for damages that exceed that which the employee would receive through workers’ compensation.  The employer’s behavior must be deemed so egregious that it is essentially equivalent to intentional harm.  Employees that are permitted to file a suit against their grossly negligent employers can seek greater damages than those provided through workers’ compensation, including pain and suffering and punitive damages.

Third Parties

Sometimes, fault for your injuries does not lie with the employer or the equipment.  Third parties cause many workplace injuries due to negligence.  For instance, if you are injured in a car accident while on the job, you can bring a suit against the at-fault driver seeking coverage for your medical expenses, lost wages, pain and suffering and more.  If your injuries were caused by a third party, consult with a personal injury attorney early on to protect your legal rights.

Kania Law Office: Experienced Tulsa Workers Compensation Lawyers

Sometimes, injured employees will have avenues for recovery outside the workers’ compensation system.  While workers’ compensation provides a means of obtaining quick compensation, other avenues may provide more substantial recovery.  The Tulsa Workers Compensation Lawyers at Kania Law Office will review your injuries and uncover whether you should pursue workers’ compensation or an alternative recovery method.  Our skilled workers’ compensation attorneys will aggressively fight to see that you receive the compensation you deserve, including coverage of medical bills, lost wages, disability, and more.  Call the workers’ compensation attorneys at Kania Law Office today at 918-743-2233 to schedule your free consultation.

Suing Outside of Workers Compensation Court

http://www.kanialaw.com/tulsa-workers-compensation-lawyers/suing-outside-of-workers-compensation-court.htm