Can I Get Workers’ Compensation and Sue My Employer?

When Does Workers’ Comp Stop Paying?
August 22, 2018
When Should I Purchase Workers’ Comp for My Business?
August 22, 2018

When one is injured while on the job, he or she is always eligible to receive workers’ compensation, a type of financial benefit specifically designed to cover the medical costs and recovery of said injury. The vast majority of the time, these benefits are paid by the insurance company of the employer, although depending on the nature of the injury, it can seem worthy to cast blame on the employing company. The question that then arises is: can I still get workers’ compensation benefits and sue my employer as well?

The short answer is, no, a person may not sue the employer while collecting workers’ compensation. This is because it is written in the contracts for the insurance company and the insurance company is the entity that is dispensing the benefits. This is typically referred to as the “no sue” rule and holds true in every State.

That being said, there are a few notable exceptions to this rule, all spawning from the idea that the employer intentionally meant to harm the individual. If it can be proven that the workplace injury was the intended outcome for the company, there is grounds for a lawsuit in the form of a intentional tort. The most common scenarios in which this type of suit is lobbied are battery, assault, fraud, defamation, invasion of privacy, intentional infliction of emotional distress, and trespassing.  Note that this is the case if it was a representative of the company that committed the act, not a fellow employee of the same ranking (such a scenario would under the grounds for a personal injury case).

If you or someone you know has been intentionally harmed in the workplace by the employer, it is very possible to sue them and collect workers’ compensation benefits to pay for medical costs. When you do so, you will want to have an attorney on your side to guide you through the process and fight for your right to compensation. To learn about how we at the Franco Law Firm can serve you in this role, please call us any time at (813) 872-0929.

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