Workers’ Comp Lawsuit: When You Can Sue After a Work Injury
A workers compensation lawsuit usually refers to two things: a disputed workers’ comp claim against your employer’s insurer, and a separate third-party injury lawsuit against someone other than your employer, such as an equipment maker or negligent contractor. State programs cover most workers, while the Department of Labor’s OWCP runs programs for federal employees and certain other workers. Legal Lawsuit can connect injured workers with independent attorneys for a free, confidential review, and our settlement calculators offer an educational estimate.
Workers’ Comp Claims vs. Third-Party Lawsuits
Workers’ comp is a no-fault system, and in most states it is the exclusive remedy against your employer, which means you generally cannot sue the employer for negligence. You may still bring a third-party lawsuit against others whose negligence contributed to the injury, such as manufacturers of defective machinery, subcontractors, property owners or at-fault drivers in a work vehicle crash. Third-party claims can include pain and suffering, which workers’ comp does not pay.
Benefits Workers’ Comp Typically Provides
- Medical care for the work injury or occupational illness
- Temporary disability payments, usually a portion of lost wages while you recover
- Permanent disability benefits for lasting impairment, based on state rating rules
- Vocational rehabilitation or job retraining in many states
- Death benefits and funeral costs for dependents of workers killed on the job
Related Injury and Benefits Guides
- Car Accident Lawsuit — for work-related vehicle accidents
- SSDI Benefits Guide — disability benefits if you cannot return to work
- Personal Injury Lawsuits Guide
Workers’ Comp Lawsuit Questions
Can you sue your employer for a work injury?
Usually not. In most states workers’ comp is the exclusive remedy against an employer. Exceptions can exist for intentional harm, an employer that failed to carry required coverage, or other situations defined by state law. Third-party lawsuits against non-employers remain available.
What affects a workers’ comp settlement?
Settlement value depends on your state’s benefit formulas, average weekly wage, medical costs, the degree of permanent impairment and whether future medical care is included. A separate third-party lawsuit, when available, can add compensation for losses workers’ comp does not cover.
