If you have been injured while on the job or while on the grounds of your employer’s property, you may feel entitled to some form of reimbursement for your injuries. In many cases you may be able to receive compensation for your injury.
Depending on the type of injury and how it was caused, you could be eligible for reimbursement. However, in almost every instance, you would not be able to sue your employer for the injury that occurred during or at work. Instead, you would have to file a claim for workers’ compensation.
Since all employees in the United States are covered under either federal workers’ compensation laws or state workers’ compensation laws, you cannot file a lawsuit for work related injuries or illnesses.
Can you Sue in Addition to Filing Workers’ Compensation?
There are rare cases that you would be able to file a lawsuit for a workplace related injury or illness in place of, or in addition to, filing for workers’ compensation. The main exclusions that would potentially allow you to file a lawsuit for a workplace injury include:
- Your Employer Intentionally Hurt You – This would not include negligence or carelessness but rather must be the case of direct intent to harm you.
- Your Employer Has Insufficient or No Workers’ Comp Insurance – If your employer does not have enough workers’ compensation insurance available to cover your injuries or if they don’t have any workers’ compensation insurance then you may be able to file a lawsuit against them for the injuries incurred while at the workplace.
If you’re unable to qualify for a lawsuit then you should file a claim immediately for workers’ compensation. The amount that you’re able to receive from that will vary by state and will usually be tied to a percentage of your salary.