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When Can (Or Should) You Sue Your Employer For Personal Injury?

4 August 2015

Alexis Garcia

Suffering an injury that leaves you unable to work can be a frustrating and financially stressful experience. When the accident that led to your injury took place while you were at work, you may be anxious to file a workers compensation claim to help cover your lost wages and medical expenses. However, doing so can often prevent you from filing a lawsuit against your employer for other expenses you've incurred after your accident. Read on to learn more about how workers compensation and personal injury law intersect, as well as when it may be in your best interest to file a personal injury lawsuit for a work-related injury.  

Can you sue your employer while you're receiving workers compensation?

Workers compensation is a type of insurance coverage that offers significant benefits to both the employer and employee. From the employee's perspective, this coverage can offer protection from the financial impact of a work-related injury for no out-of-pocket cost on the employee's behalf. From the employer's perspective, it's much more cost-effective to pay workers compensation premiums rather than paying the legal fees needed to defend against lawsuits every time an employee is injured at work (no matter how minor the injury may be).

However, this means that in most cases, you're barred from suing your employer if you've accepted workers compensation payments. You may be able to sue your employer (or a third party) in a few specific situations:

• Your injury was due to the deliberate or reckless actions of someone at work

Whether you were physically battered by a supervisor or simply in the path of a stapler jokingly thrown by a coworker, you may be able to file a personal injury lawsuit while receiving workers compensation payments if your injury was the result of an action your employer knew (or should have known) could cause injury.

• You have a claim against a third party

If you suspect (or know) your injury happened because of a defective piece of machinery, you likely have a personal injury claim against the manufacturer. This shouldn't impact your ability to receive workers compensation payments, as long as the party you're suing wasn't the one paying your workers compensation premiums. If you receive a judgment or settlement against the manufacturer, you may be required to pay your employer back a portion of the workers compensation payments you received, unless doing so would cause you financial harm.

• You suffered emotional trauma or other mental harm due to your injury

Workers compensation generally only covers the physical injuries and lost wages associated with your work-related injury. If you suffered mental or emotional trauma (for example, after a battery or violent workplace incident) you may not receive enough in workers compensation payments to cover the therapy or other treatment you'll need. Recovering a personal injury judgment may help provide you with the funds you need.

When should you file a personal injury lawsuit?

Before determining how to proceed, it's important to evaluate the projected value of your claim. You will want to go into the situation under the assumption that if you recover a judgment, you'll be required to pay back most or all of the cash you've received through workers compensation. For this reason, if you've received (or plan to receive) a substantial amount in workers compensation benefits but are unlikely to recover much in a lawsuit, it's unlikely a lawsuit is an effective use of time and resources.

On the other hand, if you're facing a lifetime disability or hefty expenses you won't be able to cover, a personal injury lawsuit may be your only option to avoid bankruptcy. You'll want to click here for info on or consult with an experienced personal injury attorney to ensure that you're choosing the path with the greatest likelihood of success.

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