Filing a Workers Compensation Lawsuit

Workers’ compensation is designed to be a no-fault system in which worker’s are provided with benefits if they are injured on the job. These benefits include lost wages, medical bill reimbursement, and disability benefits. Workers compensation injury benefits can also include death benefits if a worker is killed on the job.

Because workers’ comp is a “no-fault” system, you do not have to prove that your employer was negligent to recover. Furthermore, in most cases an employee’s own negligence does not prevent that employee from being entitled to workmans comp benefits.

While workers compensation is designed to protect workers, it also precludes them from suing employers in most cases.These provisions, built into most state’s workers compensation laws, are called Exclusive Remedy Provisions. This means if you are involved in a workers compensation accident, you must file a worker’s compensation claim instead of filing a lawsuit against your employer. This limits your recovery to some extent because you are not entitled to punitive damages.

Although in the majority of cases covered workers cannot sue their employers, there are several exceptions to this rule.

When to File a Workers Compensation Lawsuit

If you are not a covered employee, then you can file a lawsuit and you do not have to file a workers compensation claim. Most employees are considered to be covered employees, either under state workmans comp systems or federal programs if they work for the government. However, independent contractors and other exempt workers compensation employees may not be covered under the worker’s compensation system.

If you are a covered employee, then in most states you can only file a lawsuit against your employer in very specific circumstances:

• Your employer intentionally injured you. In most jurisdictions, this means that your employer actually did something on purpose to harm you. Even if your employer was grossly negligent, for example if they did not repair a broken ladder or if they left a dangerous piece of machinery where you could fall onto it, this is not enough to entitle you to file a private lawsuit. They must have acted with intent to harm
• Your employer does not have adequate worker’s compensation coverage: If your employer does not have the required level of workers’ compensation insurance mandated by federal or workers compensation state law, you may be able to sue them in a court of law instead of bringing a workers’ comp claim.

Filing Lawsuits Against 3rd Parties

In some cases, you may also be able to sue a 3rd party other than your employer who is partially responsible for your injury. For example, if a defective product you used at work injured you, you might be able to sue the manufacturer of that product in addition to filing a workers’ compensation claim. This may entitle you to greater recovery, including punitive damages. However, since this is an independent 3rd party claim, you will have to prove all of the components necessary to win a personal injury lawsuit, including a duty towards you and a negligent breach of that duty.

Usually, if it was a co-worker who caused your injury, worker’s compensation statutes will prevent you from suing that co-worker, even though they are technically a third party. Since they are an agent of the employer (they work for the employer and the employer is responsible for their actions), workers compensation remains your sole remedy.

How do you File Lawsuits in Conjunction with Worker’s Comp Claims

You can file a lawsuit by filing the appropriate papers with the court at any time when the Worker’s Compensation laws do not prohibit the filing of such a suit. This lawsuit is subject to the standard rules and statutes of limitations for personal injury lawsuits within the jurisdiction.

Getting Legal Help

Third party lawsuits can be especially complicated as a result of co-employment rules built into worker’s compensation statutes. You need to consult a worker compensation lawyer experienced in worker’s compensation and job related injuries in order to determine the best course of action for filing suit against employers or third parties.