Many workers that are injured on the job have questions and concerns about what benefits and remedies they are entitled to. One of the biggest questions injured workers ask themselves is: 'Can I still sue after filing for workers compensation?'If an injured worker is receiving benefits for a workers' compensation claim, then under normal circumstances they are not eligible to seek remedies via a liability lawsuit against their employer. However, there are special situations that may allow the injured worker to pursue their employer for a liability lawsuit.
When an Injured Worker May Sue Their Employer
Again, under normal circumstances an injured worker isn't able to sue their employer. However, the employee may seek our remedies in a court of law if one of the following conditions exists:I) The employer does not have workers' compensation insurance or does not have an adequate amount.II) The employer is found to have been acting in a manner that would constitute retaliation or revenge, such as reducing the employee's amount of scheduled hours, demoting the employee, or firing the employee after the accident. Furthermore, it would be required for the employee to have evidence that such an act was a direct result of their injury.Even though an injured worker may be able to file a lawsuit against their employer for one of the conditions above, with regards to the second item (the employer being found participating in a retaliatory act) most states allow for increased payment benefits to the injured worker through their workers' compensation policy.
Lawsuits Involving Workers' Compensation & Third Party Claims
Another situation exists where an injured worker may file a lawsuit after filing for workers' compensation. If an injured worker is hurt and the responsible party is not covered by the injured workers' employer, then the injured worker may be able to file a lawsuit against the responsible party while receiving benefits for workers' compensation from their employer. For instance, in the event an employee became injured while unloading a truck in the parking lot of their work environment and an individual whom is not employed by the injured workers' employer is found to be responsible for the injury to the worker, then the injured worker may seek a liability lawsuit against the responsible party for the injury(s) they sustained.Worker's compensation law is a highly-complex legal matter and requires the representation of a skilled representative in the injured workers' local area as all states have their own framework for that states' workers' compensation laws.