Can you sue your employer for a work-related injury?

This means that you cannot file a regular lawsuit for damages related to a workplace injury or illness (with narrow exceptions described below). In legal terms, filing a workers’ compensation claim is your “exclusive remedy” for a work-related accident, cumulative trauma injury, or occupational disease.

Can a co-worker Sue you for workers comp?

Workers’ compensation is the exclusive remedy for recovering damages from your employer, a co-worker, or any other person who was performing work similar to your employer’s trade, business, or occupation at the time of your workplace accident. It does not prevent you from suing negligent third parties for causing your injuries.

When to file a work related injury claim?

Before you file a claim for workers’ compensation or seek other employer-provided relief, make sure your injury truly is work-related, which generally means it happened while you were doing your work duties or something else on behalf of your employer.

What do you need to know about suing your employer?

You’ll also need must show the court what damages you incurred, including medical bills, lost wages, and compensation permanent physical or mental impairment. For more information on suing your employer, see Nolo’s article on When You Can Sue Outside of Workers’ Compensation.

Can a third party Sue an employer for workers’compensation?

If your employer does not carry workers’ compensation insurance, you might be able to sue your employer in civil court or collect money from a state fund. If a third party caused your injury, you might be able to bring a personal injury lawsuit against that person.

Can a worker claim workers compensation for subsequent injury?

The insurer rejected the man’s claims and so the man took legal action in the South Australian Employment Tribunal. The Tribunal had to consider whether: The dental and digestive injuries related to the original back injury.

Can you get workers comp if you are injured on the job?

When you are injured on the job, you likely will be able to recover any sort of compensation from your employer only through workers’ compensation law. Employees in all fifty states and federal employees are covered under either federal workers’ compensation laws or state workers’ compensation laws.

Can a company shift blame to an injured employee?

However, do always bear in mind our advice above being that sometimes investigations into a person’s absence or an accident can become distorted into trying to shift the blame onto the injured worker, perhaps to avoid a personal injury claim on their insurance.

Can a contractor claim workers comp for a work-related injury?

Just because you’re not eligible for workers’ comp benefits does not necessarily mean your employer doesn’t have responsibility for your job-related injury. If you’re an independent contractor, for example, your contract may mandate the use of arbitration for injuries and other disputes.

Why do so many workers comp claims end up in litigation?

Many claims involving pre-existing conditions end up in litigation due to the liability exposure involved for your employer. The earlier you hire an attorney, the more benefits you are likely to receive, and you may be able to avoid litigation. Read more on Tips for Workers Compensation Claims.