Worker’s compensation claims should be cut and dry. A worker receives injury, sees a doctor, rehabilitates, and comes back to work. However, all worker’s compensation claims might not go that way. Actually, there is the potential for other factors, such as employer’s tort, which can make the case more complex. An employer’s tort can be any number of things, and tort does not have to occur just as a result of your employer. Instead, it can be a number of instances, people, or occurrences which lead to emotional or physical trauma. But what exactly is ‘tort’? And how could it affect my case?
Employer’s Tort After Work Injury: What Are They and When Do They Occur?
First off, what is employer’s tort?
The term ‘tort’ refers to a civil wrong that causes someone to become hurt or injured. In these cases, the person who commits the wrongdoing acts as the ‘tortfeasor’. When it comes to worker’s comp, this is most often the employer. Furthermore, this harm does not have to be physical, it can be emotional as well. Following, you will find some examples where an employer’s tort will become an appropriate movement:
Instances of Tort:
Battery/Assault. Battery and assault can both be extreme cases of employer’s tort. For instance, battery refers to injuring someone by hitting them with something. Like battery, assault just refers to attempt at battery or a threat.
Fraud. In the case of fraud, someone lies to you and that eventually leads to your injury. For example, an employer or boss may tell you they tested a new piece of equipment to ensure it is safe. However, they never tested that equipment and it causes your accident.
Intentional infliction of emotional distress. Another type of employer’s torts can come when an employer inflicts emotional distress. An example of this would be having poor workplace conduct, or being emotionally abusive, as an employer or boss, which leads to emotional trauma to an employee.
Defamation. One last form of employer torts can come in the form of defamation. This means an employer or boss says something false about you. Then by telling this lie, they bring about harm to you or your character.
Employer’s Torts and Worker’s Comp: Can You Sue?
In the event of tort, you might want to take your case one step further and pursue a lawsuit. While an everyday worker’s comp claim could potentially be the answer to your problems, financially. A lawsuit might be the right choice for you, considering the circumstances surrounding your case. However, you’ll never know until you speak with an attorney and decide a proper next move. We offer our condolences for your difficult time, and will happily render our services if need be.