Before answering the question of if you can sue your employer, it’s important to remember that workers compensation law was introduced to provide benefits to both workers and employers. 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.
The short answer: no. But it also depends.
So the general answer to the question that was asked in the title is no. HOWEVER, there are a couple exceptions that apply.
You can sue your employer if they had clear intention
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.
You Can Also Sue Your Employer For Discrimination
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 The Clardy Law Firm. Unsure if you have a valid case? Contact us if you have any questions about workers compensation law and we’ll get them answered.