You should be able to go to work every day without worrying about getting hurt. Workplace injuries are unfortunately common, and injured workers can and should take legal action.
The nature of your workplace injury depends on the type of job you have and how the accident happened. Some common causes of work-related injuries include premises liability issues, defective tools and equipment, and unclean conditions. After a workplace accident and injury, you may sue several parties, depending on the circumstances. While employers and coworkers can be sued, they are often shielded from liability under Workers’ Compensation laws. Third parties like customers, clients, and others might also bear responsibility for the accident. Your claims for damages should include economic losses and non-economic injuries, although non-economic damages may be capped.
If you were hurt on the job, our Mississippi workplace injury lawyers are here to help you get financial compensation from those responsible. Contact our offices for a free case review to get started. Call Howe Law at (844) 876-4357.
Common Cases Involving Workplace Injuries in Mississippi
Workplace accidents and injuries vary from job to job. Considering there are thousands upon thousands of unique jobs and workplaces, there are multiple ways in which a workplace injury might occur. You can discuss your injuries with our Mississippi workplace injury attorneys, and we can get started on filing a lawsuit for compensation.
Premises liability cases involve accidents and injuries that happen because the property or premises of a workplace is dangerous. One of the most common premises liability issues is the slip and fall accident. These accidents can happen almost anywhere and are often due to poorly maintained premises. Rickety stairs, wet floors, or other hazards in the workplace can lead to falls and serious injuries.
Product Liability cases stem from accidents caused by damaged or defective goods. Employees might rely on certain tools and equipment to do their jobs. Employees could get hurt if these tools and equipment are damaged or faulty. This is common in jobs where people work with power tools or heavy machinery. For example, a welder could be badly hurt if their torch malfunctions. The same goes for any tools or equipment in any work environment.
The workplace must be kept clean for the health and safety of employees and customers. If your workplace is not properly cleaned and you become ill, you can sue for damages. In many cases, illnesses are severe. For example, an employee might pick up a serious bacterial infection from unclean conditions at work. These kinds of illnesses can present long-term complications and leave employees with high medical bills.
Whom You Should Sue for Workplace Injuries in Mississippi
In many workplace injury cases, accidents and injuries on the job are caused by employer negligence. Employers bear much responsibility for making the workplace safe, and many accidents are a direct result of employer negligence. You may be able to sue your employer after an accident, but only under certain circumstances.
In Mississippi, most employees are covered by Workers’ Compensation. Under Miss. Code Ann. § 71-3-9(1), Workers’ Compensation is an exclusive remedy, and injured employees are barred from suing their employers or coworkers.
You can sue your employer under certain conditions. Workers’ compensation laws only apply to “employees.” Under Miss. Code Ann. § 71-3-3(d), independent contractors are not considered employees and are therefore not covered by Workers’ Compensation. As such, they can sue the person who hired them for causing an accident.
You can also sue an employer if they caused the accident on purpose or deliberately created unsafe working conditions, knowing an accident would likely result. Employers cannot use the Workers’ Compensation system to protect them from liability for their intentionally bad behavior.
Finally, you can sue your boss if they do not have any Workers’ Compensation insurance. This might be the case if you work for a small business with fewer than 5 employees. It might also be the case if your employer’s lack of insurance violates legal requirements.
Various third parties might also be liable for workplace accidents. Third parties are not protected from liability under the Workers’ Compensation system, and our Mississippi workplace injury attorneys can help you take swift legal action.
Manufacturers of defective products that cause injuries at work can be sued for their negligence. For example, suppose your employer orders new equipment for you to use at work, but the equipment is damaged when it arrives. In that case, the manufacturer may be liable for any injuries or accidents caused by the damaged goods. The important thing here is that you must not have damaged the product yourself or used it for something it was not designed for.
Clients and customers might also be the cause of workplace injuries. This is often the case when customers become angry and lash out at employees. While customer service representatives often deal with upset customers, some people become violent and might hurt employees.
Potential Damages You Can Claim in Mississippi Workplace Injury Lawsuits
Your damages are the main focus of your lawsuit. They include the losses – financial and otherwise – you experienced because of the workplace accident. Our Mississippi workplace injury attorneys know how to accurately calculate damages and identify all possible damages in your case, so you get the maximum compensation possible.
Economic damages related to your monetary expenses from the accident. Your hospital bills should be included in these calculations if you were badly hurt. People often cannot return to work while they recover, and they can claim lost income as part of their damages.
Non-economic damages are related to subjective experiences rather than actual bills. For example, your mental and physical pain and suffering can be claimed under your non-economic damages. Keep in mind that non-economic damages are capped at $1,000,000 under Miss. Code Ann. § 11-1-60(2)(b). Other possible claims include humiliation, the loss of enjoyment of life, and damage to your reputation.
Contact Our Mississippi Workplace Injury Lawyers for a Free Evaluation of Your Case
An on-the-job injury can be painful, dangerous, and embarrassing. Negligent employers or third parties should be made to compensate you for your losses. Our Mississippi workplace injury attorneys can help you get justice. Call Howe Law at (844) 876-4357 to schedule a case evaluation free of charge.