When you suffer an injury as an employee, the workers’ compensation system is supposed to provide you with the benefits you need to recover. Nevertheless, there are situations where employees feel the need to pursue a personal injury lawsuit against their employer.
But can you sue your employer for personal injury even if you receive workers’ compensation? The answer is not always straightforward, it depends on several circumstances.
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Understanding Workers’ Compensation
Workers’ compensation was created to reduce the number of lawsuits filed by employees who are injured while on the job. It is an insurance program that provides benefits to employees who are injured at work. Under workers’ compensation, an injured employee is entitled to benefits that cover medical expenses, lost wages, and rehabilitation expenses.
When you file a workers’ compensation claim, you are essentially giving up the right to sue your employer in exchange for compensation benefits. This is known as the "exclusive remedy rule," which means that you cannot sue your employer for a personal injury if you are receiving workers’ compensation benefits.
Exceptions To The Exclusive Remedy Rule
Even though workers’ compensation is the primary way to get compensation for injuries sustained on the job, there are exceptions to the exclusive remedy rule. These exceptions enable an employee to file a personal injury lawsuit against their employer even if they receive workers’ compensation benefits.
Exceptions Due To Denial Of Workers’ Compensation Benefits
If your workers’ compensation claim is denied, you can file a personal injury lawsuit against your employer. This is because the denial means that the employer is not providing appropriate compensation benefits to the injured employee. Employers are required by law to provide safety training to their employees and to ensure that they have a safe working environment. If an employer fails to do so, they can be held liable for the employee’s injuries.
Exceptions Due To Employer’s Intentional Conduct
Injuries can occur due to an employer’s own intentional conduct. For instance, if the employer purposefully takes an action that they know will cause harm to the employee, such as not providing protective gear, the employee may file a lawsuit for intentional wrongdoing. In such cases, the employee may also receive punitive damages, which are designed to punish the employer for their intentional conduct.
Exceptions Due To Non-employer Third Party Liability
Third parties and independent contractors who are not employed by the employer may be held liable if they cause injury to an employee. If a third party causes harm to an employee on the job, the employee may sue the third party in addition to receiving workers’ compensation benefits. For instance, if an employee is hurt due to a defective product, the employee may sue the manufacturer of the product while still receiving workers’ compensation benefits.
Factors To Consider When Pursuing A Personal Injury Lawsuit Against An Employer
If you wish to pursue a personal injury lawsuit against your employer, it is important to consider the following factors:
- The nature of your injury and the extent of your damages.
- The strength of your case and the evidence you have to support your claim.
- The statute of limitations in your state, which determines the time limit for filing the lawsuit.
- The complexity of the case and the potential costs of litigation.
- Whether you have a viable exception to the exclusive remedy rule.
Conclusion
In summary, while workers’ compensation is usually the exclusive remedy for employees injured on the job, there are certain exceptions that allow an employee to file a personal injury lawsuit against their employer. It is important to consider the specific circumstances and factors surrounding your case before making a decision to pursue legal action. Consulting with a personal injury lawyer can help you understand your rights and options.