Understand When You Can Sue An Employer, Rather Than Accept Workers' Compensation
If you're covered by workers' compensation benefits, and you're injured on the job, you probably cannot sue your employer. There are a few important exceptions, however, and you should know what they are. Read more to learn about your rights to sue under worker's compensation laws.
Why Can't You Sue Your Employer If You're Covered Under Workers' Compensation?
The worker's compensation system was designed to be a "no fault" system. That means that (in most cases) it doesn't matter how carelessly your employer acted. For example, if your employer was aware that the forklift you were driving had a faulty off switch and needed repair, but let you operate it anyhow, you still can't sue.
On the flip-side, however, your employer can't contest your right to benefits (in most cases) in the event that you acted carelessly. That means that if you just weren't paying close enough attention to the controls of the forklift, and missed a warning sign that there was a problem with the brakes, you can't be denied benefits due to your own negligence.
Why Was The System Set Up This Way?
Workers' compensation laws essentially create a legal and financial trade-off.
They're designed to keep the courts free of costly and unnecessary lawsuits. Employers and employees would otherwise spend a lot of money fighting over who was responsible for what accidents, and to what degree each party was at fault. Workers' compensation halts those arguments under their "no-fault" rule, saving both sides time and money.
Employers also save financially because they don't have to pay for "pain and suffering" if they pay workers' compensation benefits, they way that they might after an employee brings a successful lawsuit.
The laws don't just favor employers, however. They are also designed to make sure that employees get the medical care that they need early, when it's most effective. Otherwise, many would have to wait until a lawsuit is decided before they can afford treatment.
Workers' compensation also provides weekly benefit checks to injured employees, while they are healing and can't work. That benefit helps injured workers keep their bills paid until they return to work.
When Can You Sue Your Employer (And When Can Your Employer Fight Your Claim)?
Essentially, while laws vary from state to state, workers' compensation laws won't protect an employer who purposefully injures an employee in some way. You're entitled to file a lawsuit if you believe that your employer did something to intentionally cause you an injury - such as punching you, for example.
In other situations, the intentional injuries are less physical and more psychological, such as when an employer intentionally inflicts emotional distress on an employee in some way to make him or her quit. Sexual harassment is another such intentional act.
Your employer, on the other hand, can challenge your right to receive workers' compensation on the basis that you intentionally did something to cause your own injury. For example, if you were working in a large store at night, and got into an accident while racing another employee down the aisles with shopping carts.
In some cases, you may have to provide blood samples immediately after your injury in order to prove that you weren't under the influence of drugs or alcohol when the accident happened. Most states will deny workers' compensation claims if the injured employee was intoxicated or on drugs at the time of the accident.
When Should You Hire An Attorney?
Keep in mind that you will probably lose your ability to claim workers' compensation benefits if you do sue your employer for intentionally inflicting your injuries. However, you gain back the right to a much larger settlement, including damages for pain and suffering.
You may also be in a situation where you have both a workers' compensation claim and a valid lawsuit against a third party. For example, imagine that the forklift you were operating had a faulty brake system that was the result of a factory error. You would likely want to claim workers compensation from your employer, but file a lawsuit against the forklift's manufacturer for negligence.
If you have the slightest doubt about whether or not you should file a lawsuit against either your employer or a third party after you've been injured in a work-related accident, talk to an attorney. You don't want to sign away any important rights to future damages, and an attorney can help you decide what route is in your best interests.