The American legal system provides a remedy for people who are hurt as a result of another’s negligence. If someone hurts you because they were careless with respect to a duty they owed you, you can sue them for damages. A simple example is if someone causes a car accident because they were speeding, and you’re hurt in that accident, you can sue them to recover any damages that you suffered as a result of the accident.
Does this same legal standard apply to an employer? In other words, if you’re injured on the job, is it possible for you to sue your employer for damages?
Talking to a Lawyer
If you’re injured on the job, you should definitely talk to a workplace injury attorney. As much as we’d like to provide you with a simple answer, there isn’t one in this matter. There are simply too many variables and nuances to consider, and it’s not always clear whether an employee stands to benefit from suing the employer.
Your lawyer will likely offer you a free consultation, in which they’ll discuss the merits of your case, your potential legal options, and the best strategy for moving forward. They may or may not advise you to attempt a lawsuit against your employer.
With that context in mind, let’s explore some of the pieces of this puzzle.
The Basics of Workers’ Compensation
Workers’ compensation insurance is a form of insurance paid for and maintained by employers. It’s a required form of insurance in most areas of the country, and even when it’s not a requirement, many businesses pay for it anyway.
Essentially, this insurance protects both employees and employers. It aims to compensate employees for any injuries they suffer on the job, even if those injuries arose because of someone’s negligence or in a way totally separate from typical job duties. The employee files a workers’ compensation claim, and they have the option to accept a settlement offer, which should ostensibly cover damages related to the injury.
In exchange for accepting this settlement, you’ll waive your right to sue your employer. This is why workers’ compensation benefits employers as much as it does employees.
Can You Sue an Employer If You’re Injured on the Job?
Now to the central question. In many cases, the answer is yes, you can file a lawsuit against your employer if your injury was a result of their negligence or wrongdoing. However, there are a few scenarios in which you’ll be prohibited from suing your employer.
If you’ve already accepted a workers’ compensation settlement, you’ll no longer be in a position to sue your employer. By accepting the settlement, you have likely waived this right.
Additionally, although you can technically file a lawsuit against anyone for any reason, lawsuits are typically thrown out quite quickly if they fail to state a claim for which relief can be granted. In other words, unless you have a good reason to sue your employer, you probably shouldn’t.
Factors to Consider
These are some of the most important factors to consider as you weigh the possibility of suing your employer.
- The scope of the injury. First, you should think about the scope and severity of the injury. If you suffered a minor scrape, your expenses are so minimal that it’s probably not worth the time, effort, or money to file a lawsuit.
- The nature of the accident. Workplace accidents should be rare. We expect our employers to maintain conditions that minimize the risk of accidents, as well as the injuries resulting from those accidents. If your employer was negligent, or even reckless in a way that caused your injury, you may want to file a lawsuit to seek justice.
- The settlement offer. The settlement offer is also an important consideration. If this settlement offer covers all your expenses and then some, you might as well take it. Otherwise, it may behoove you to negotiate or seek higher damages in court.
- Litigation possibilities. Your lawyer can also talk to you about what you stand to gain by filing a lawsuit. In cases like this, how does litigation typically unfold? And what could you stand to win if you’re successful in negotiations?
The bottom line is this: it’s possible for you to sue your employer if you’re injured on the job, though it’s not always advisable. If you accept a workers’ compensation settlement, you’ll close this option forever. Accordingly, it’s a good idea to talk to a workers’ compensation or personal injury attorney before you accept a settlement, so you can review the details of your case and decide whether it makes sense to move forward with a lawsuit.