Suing Your Employer for an Injury

When you are injured on the job, in the vast majority of jurisdictions, you are only entitled to recovery under work injury law. These state-specific laws, designed to protect employees, contain something called “exclusive remedy” provisions. This means that filing workers compensation claims are considered to be your only remedy under the workmans comp law.

Worker’s compensation claims provide you with reimbursement for medical bills. They can provide you with temporary or permanent disability benefits if you are unable to work as a result of your injury. If you are required to hire a worker compensation attorney to obtain your benefits, worker’s compensation benefits will cover those costs and fees too in most cases.

However, there is usually no opportunity to recover punitive damages from workers compensation cases, and you usually do not get to go to court and have your case heard before a judge.

When Can I Sue My Employer?

In most cases, you do not sue your employer when you are injured at work. Instead, you file a workman comp claim. You are entitled to file a worker’s compensation claim when you are injured because of your job, while at work or at a required work activity.

You are only entitled to file a lawsuit against your employer in certain specific instances. You are entitled to file a lawsuit if:

• Your employer intentionally hurt you. This doesn’t mean they were extremely careless or accidentally did something that causes you to become injured. This means they hurt you on purpose. Intent is required.
• Your employer does not have adequate workmans comp insurance. If your employer does not have the workers compensation medical coverage mandated by law, your employer is considered to have opted out of the exclusive protection provisions of worker’s compensation, so you are entitled to sue.

How Do I Sue My Employer?

You cannot sue your employer if you are required to file a worker’s compensation claim. If your worker’s compensation claim is denied, you still may not file a lawsuit against your lawyer. Instead, you can file an appeal. In most states, this means an administrative board or an administrative judge will hear your case. This board or judge will make the final decision on your recovery. If you believe the administrative agent(s) acted unfairly, then in some cases you are entitled to judicial review, which means a judge will review the decision. However, the judge won’t decide your case, he or she will just ensure you were treated fairly.

If your case falls outside of the exclusive remedy provision’s of workers compensation laws as a result of your employer’s intentional injury or lack of worker’s comp coverage, then you can sue your employer just as you would sue any other person who injured you. This means you can file a personal injury lawsuit in a court of law by hiring a personal injury attorney. Standard statute of limitations and court rules apply when filing a personal injury lawsuit. In addition, unlike in worker’s compensation, you have to prove your employer did something wrong to cause your injury. This can be more difficult then proving that the injury arose out of, and in the context of, employment.

Collecting Evidence for Your Injury

Collecting evidence to sue your employer in a court of law can be difficult. In a standard worker’s compensation case, you only have to prove that the injury arose out of the job, while on the job. This is a relatively broad standard. It just means that the job had to have, more likely then not, put you in the situation to be injured, and that you were at a work-related location when the injury occurred.

In order to sue your employer in court, however, collecting evidence becomes more difficult. First, you may have to prove that you fall within an exception to the exclusive remedy provisions of worker’s compensation. This can mean proving that the employer injured you intentionally. Proving intent can be difficult to do. The same requirements apply as proving any intentional tort- you must prove that the employer did something wrong on purpose.

If you are suing your employer in court because your employer opted out of the exclusive remedy provisions by not carrying worker’s comp insurance, then you have to prove that your employer was negligent in causing your injury. This means that you have to show they had a duty to you, and they breached that duty by failing to exercise reasonable care.

You also have to prove that you sustained an injury. This can involve bringing in doctor’s or other expert witnesses who can testify to the damage that you incurred.

The Litigation Process

If you are entitled to sue your employer, the litigation process is similar to any other personal injury lawsuit. First, however, you usually must prove you are entitled to sue. If your employer is covered by exclusive remedy provisions of workers compensation statutes and you file a lawsuit anyway, your employer can usually get the lawsuit dismissed by filing a motion.

Once you have proven that you are entitled to sue your employer in court, you need to prove your case. This involves proving each of the elements of the case. The elements you are required to prove differ depending on whether you are attempting to prove an intentional tort or negligence. Proving your case can be very complicated and you should not attempt to represent yourself. An experienced personal injury attorney can file the appropriate motions and pleadings on your behalf, conduct investigation, and put together a case that will maximize your chances for recovery. 

Potential Recovery

Potential recovery in a court of law varies from workers’ compensation recovery. Unlike worker’s compensation, where you are awarded medical bills and disability payments, when you file a lawsuit in court your recovery is based on damages incurred.

Damages include medical bills, lost wages, and pain and suffering. In some cases, especially if your employer committed an intentional tort, you may also be entitled to punitive damages. Punitive damages can be a sum of money many times the amount of actual damages you incurred, especially in the case of egregiously bad behavior on your employer’s part.

Getting Legal Help

Filing a personal injury lawsuit against your employer is extremely complex and should not be attempted on your own. An experienced personal injury attorney can assist you in deciding whether this is the appropriate cause of action and in helping you to build a case.