Can I Recover Workers' Compensation Benefits if I Work for Federal, State or Local Government?

Workers' Compensation Information Center

Can I Sue My Employer Instead of Filing a Workers' Compensation Claim?

The answer to this question is, in most cases, no. Workers' compensation systems were established as a trade-off in which employees gave up the right to sue employers in court for their work-related injuries and occupational diseases in exchange for the right to receive workers' compensation benefits regardless of who was at fault for their injuries. Most employers are required by law to either carry workers' compensation insurance or to self-insure for the benefit of their employees. In exchange for providing that insurance, employers are protected from defending personal injury claims brought by employees in civil lawsuits.

Nonetheless, workers' compensation does not normally prohibit an employee from also bringing a claim against his or her employer for an intentional tort or for any injury sustained due to intentional behavior on the part of an employer seeking to harm an employee. Also, an employee may be able to sue his or her employer for nonphysical injuries such as emotional distress, defamation, property damage or discrimination. Other creative lawsuits may be possible, depending on the state and the circumstances. If you suffer from a work-related illness or injury, a skilled workers' compensation attorney can advise you about possible lawsuits outside the workers' compensation system.

Additionally, in most states, employees are free to pursue third-party entities, other than the employer, whom the workers feel are responsible for their work-related injuries or illnesses. For example, an employee who believes his or her injury was caused by defective equipment may consider filing a lawsuit against the manufacturer, distributor or seller of the equipment. In many states, an employee who is successful in recovering damages from a third party may either have to give a portion of the recovery back to the employer to repay the workers' compensation benefits that were received or the employer and its insurer may be allowed to become parties to the lawsuit and seek to recover the value of the benefits paid on behalf of the employee.

Can I File a Lawsuit if My Employer Disputes My Workers' Compensation Claim?

Usually, workers' compensation claims are pursued through the administrative process and not through the court system. Only once the administrative process, usually consisting of reviews and appeals within a state workers' compensation agency, has been exhausted and the parties have taken every step they can to settle a claim, including attending an administrative hearing, may they appeal the compensation award to a workers' compensation appeal board or special workers' compensation court.

In many states, if a party still takes issue with the determination of the workers' compensation appeal board or court, redress may then be sought in the civil court system. This process is specifically controlled by each state and, if you have not already, you should retain an attorney familiar with the workers' compensation system in your state to handle your claim.

Conclusion

If you are unsure whether you have a workers' compensation claim or a civil claim against your employer, you should consult with an experienced attorney. You may also wish to contact the workers' compensation agency in your state.

DISCLAIMER: This site and any information contained herein are intended for informational purposes only and should not be construed as legal advice. Seek competent legal counsel for advice on any legal matter.

Return to Main