Workers' Compensation: Can I Sue My Employer Instead?

Workers’ compensation laws exist to protect workers who suffer from work-related injuries. Suppose you have a job-related injury, such as from working on a construction site or getting into a car accident while on the job.

Workers’ compensation coverage may cover your medical expenses and some of your lost wages. This is known as a no-fault system.

What if you are not happy with the benefits you are getting? Your medical treatment costs more than what is covered, or you can no longer work; what do you do? What if your employer hurt you intentionally?

Learn more about the exceptions below. Or, you can find a workers’ compensation lawyer to answer your questions.

Suit for an Employer’s Intentional Torts

Under most state laws, you cannot sue your employer for a workplace accident if workers’ compensation covers you. However, one exception is when an employer intentionally harms an employee. These are called”intentional torts.”For example, if your employer knowingly exposed you to a dangerous condition, you could file a civil lawsuit. Proving this kind of case can be complex.

If you were injured at work and believe your employer intentionally caused you this harm, you can bring a suit in civil court. Tort injuries include physical harm and nonphysical injuries, such as emotional distress.

Here are the most common intentional torts:

• Battery: Injury to your person (i.e., you have been hit by someone or something)
• Assault: An attempted battery or the threat to commit a battery
• False imprisonment: Confinement against your will, without legal authority
• Intentional infliction of emotional distress: You have been emotionally traumatized by terrible conduct
• Fraud: Someone lied to you, and it caused you to suffer injury
• Defamation: When someone says something false about you, and it causes you reputational harm (includes libel, which is written, and slander, which is spoken)
• Invasion of privacy: Generally, your private information or photos were exposed to a large audience
• Conversion: When someone takes your property and makes it their own
• Trespass: Someone entered your property or used your property without your permission

You can file a lawsuit if you are an injured employee from one of these torts. But, these lawsuits can be complex and need substantial proof. It is often wise to consult with a legal professional who can guide you through the process and advocate for your rights.

Suit for Injuries Caused by Third Parties

Even if you cannot sue your employer, you can sue a third party.

For example, if you were injured by a defective product at work, you could file a product liability claim against the manufacturer. Or, if you’re an independent contractor or a subcontractor, and you get hurt at a construction site because of someone else’s negligence, you could sue them. Truck accidents also fall under this category if the truck driver is from a different company.

Personal injury attorneys can help you understand your legal options and work to get you maximum compensation.

If you were harmed at work and believe someone other than you or your employer was responsible (i.e., a third party), you can sue them. If you believe your injury was caused by defective equipment, you can file suit against the equipment’s manufacturer. If you are awarded damages, you may have to pay your employer or insurance company a portion of the recovery. Your employer and its insurer may be allowed to become parties to your lawsuit to recover the value of the paid workers’ compensation benefits.

Suit for the Wrongful Denial or Termination of Workers’ Compensation Benefits

Sometimes, an employer or insurance company might wrongly deny your workers’ comp claim. Alternatively, they might stop your benefits too soon. You can sue for wrongful denial or termination of benefits in such cases. A workers’ compensation lawyer can guide you through the complex process and help you fight your legal battles.

Workers’ compensation claims are usually pursued through the administrative process rather than the court system. You can only appeal your benefits award once the process has been completely exhausted. Then, you must appeal to a particular workers’ compensation board or a specially nominated court.

You can only seek redress in the civil court system after you have satisfied all statutory process requirements. This process is controlled explicitly by each state. To be sure you are fully aware of your rights, you should retain an attorney familiar with your state’s workers’ compensation system.

Statute of Limitations and Other Considerations

Remember that there is a time limit, known as the statute of limitations, for filing a personal injury lawsuit. The length of this period varies by state law. An injured worker could lose their right to sue if they wait too long. The compensation from a lawsuit could be more significant than workers’ comp benefits. It can cover pain, suffering, and loss of future earning capacity rather than just covering medical bills or lost wages.

However, lawsuits can also take much longer than workers’ comp claims. There is also no guarantee that you will win. There are many factors to consider before deciding whether to bring a case. Talking to a personal injury lawyer can help tremendously. Many attorneys offer free case evaluations.

Can You Sue Your Employer? A Workers’ Comp Lawyer Can Help

Whether you can sue depends on the situation. While workers’ compensation laws generally protect employers from lawsuits, exceptions exist. Whether you have a workers’ compensation claim or a civil claim against your employer is not always clear. Making that determination often requires the expertise of a trained attorney.

A personal injury lawsuit might be possible if your employer intentionally hurt you. You can also file a lawsuit if your workers’ compensation benefits have been wrongly denied or terminated. Getting the right legal advice is crucial when dealing with these complicated issues. 

A workers’ compensation lawyer can help you understand your options and advocate for your rights. They can also help with related matters, such as Social Security Disability Insurance. They can also help with medical malpractice claims if, for example, a doctor’s negligence made your job injury worse.

If you need help figuring out your next steps, consider having an experienced workers’ compensation attorney guide you.