Exceptions to the Right to Sue

There is one major exception to the rules prohibiting the right of the employee to file a lawsuit in the event of negligence.

Three criteria must be met:
  • The employee has to have died as a result of their injuries
  • The employee must have financial dependents
  • The employer must be shown to have committed gross negligence
The second major exception is when the employer fails to subscribe to workers' compensation insurance at all or does not keep the policy current. This exception confuses some, but there are ultimately two sets of laws related to work injuries:
  1. Worker's Compensation Laws which apply when the employer chooses to participate,
  2. Non Subscriber Laws which apply when the employer does not wish to participate in worker's comp insurance.
A huge benefit of putting Carabin & Shaw on your side is the fact that you will have an experienced workers compensation lawyer to go with you to the hearings and represent you in front of the Commission.

We level the field and make this a “fair fight”. These workers comp insurance companies need to know that you will not be taken advantage and that you mean business when you show up at the hearings.

If you or a loved one has suffered an injury, call our Office.
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