Before answering this question, it’s important to remember that workers compensation law was introduced to provide benefits to both employers and workers. Indeed, in exchange for giving up their right to take legal actions against negligent employers, workers became eligible for employees’ benefits regardless of who was at fault in the work-related accident of which they had been victim.
So the general answer to the question that was asked in the title is no. Nevertheless, there are a few exceptions that apply. One of them is when the employer has manifested the clear intent to inflict bodily damages to the employee. Indeed, because of the intentional nature of the employer’s behavior, your workers compensation lawyer will be able to initiate a lawsuit, and help you seek compensation in addition to those that you’re already entitled to under current workers compensation law.
A second exception is if you can prove that you were victim of discrimination. This often occurs to injured workers who are seeking workers compensation benefits from their employer, after sustaining an injury at work. Because of the repercussions on their business insurance premiums, certain employers decide to retaliate against their injured workers by applying discriminatory measures, such as demotion.
If one of these two scenarios applies to you, then don’t hesitate to hire a knowledgeable workers compensation law practice, such as Franklin Law. With all the extensive experience that we have, building a strong legal case to punish your employer for their actions will be relatively straightforward.
Make sure you contact us if you have additional questions about workers compensation law.