Yes and no.
Yes, you can make a workers’ compensation claim against your employer, who likely has insurance to pay for your benefits.
No, you can’t file a lawsuit against your employer to recover money for damages, such as pain and suffering or punitive damages. EXCEPTION: If you got hurt at work as a result of someone besides your employer, you may be able to file a lawsuit called a “third party action.” But how you settle those cases is extremely important—if you do it wrong, it could cost you your workers’ comp benefits.
Why Can’t I Sue?
The reason you can’t sue your employer is that workers’ compensation is a bargain in the law made between employees and employers. Employees gave up the right to get more money from lawsuits for unsafe working conditions. But they gained the right to benefits related to work injuries, including free medical care, replacement of most income while they're out of work, and money for permanent disability.
Employers gave up the right to force injured employees prove employer fault in workplace injuries before paying benefits. This is why workers’ compensation is often called a “no-fault system.” You can often get benefits even if it’s your own fault you got hurt. In return, employers gained the ability to be free from potentially huge verdicts in unsafe workplace lawsuits.
In most cases, the system works pretty well. But that doesn’t mean it’s a cakewalk for injured employees. Despite less financial exposure, employer insurance companies tend to take a hard line on paying seriously hurt workers. While the system is designed to help employees, settlements can be complex, and insurance companies fight the hardest for the most expensive benefits for the most severely injured.
These are important rights to protect your health and your financial stability. Don’t give up rights you don’t know about…and don’t get run over by the workers’ compensation insurance company.
If you’ve got more questions about how workers’ compensation works, take advantage of the free info on our site. You can always open up a live chat for answers from an experienced workers’ compensation attorney. And you’re always free to come meet with us—there’s no pressure to hire us and it’s free!
The help we give in a single email, phone call, or sit down-chat can be the difference between peace of mind and heartbreak. Our phone number’s right there at the top of the screen. Make the call.