Can I Sue My Employer?
Workers’ compensation is a state-run system that acts as insurance in case employees are injured in a workplace accident or develop a medical condition as a result of job duties. It was designed to replace personal injury lawsuits against employers for on-the-job injuries. In exchange for a worker’s right to sue, he or she can get medical and other benefits through workers’ compensation.
In most cases, you cannot sue your employer. Instead, you must pursue compensation through workers’ compensation.
When Can I Sue My Employer?
However, in some cases it is possible to sue your employer even if you are eligible to receive workers’ compensation benefits. You should discuss your options with an experienced workers’ compensation lawyer to understand your best course of action. Generally, you may be able to file a lawsuit if:
- Your employer committed an intentional tort. For example, if a supervisor assaulted you or your employer committed fraud, you may be able to recover in a lawsuit. There are several types of intentional torts.
- A third party (not your employer) caused you injury. Many accidents occur because of a third party. For example, if a manufacturer sold your employer defective equipment, you could file a lawsuit against the manufacturer to recover for injuries sustained in an accident. The same is true if you were injured on-the-job by a negligent driver while on the road.
- You were wrongfully denied on a claim. Before seeking compensation through a lawsuit, you must exhaust all options in a workers’ compensation claim. However, if your employer or your employer’s insurance provider is acting in bad faith or has unreasonably denied a claim or terminated benefits, it may be possible to file a civil claim.
Questions? We Have Answers.
At The Law Offices of Arnold S. Levine, L.P.A., we have been helping injured workers recover compensation for work-related injuries for over 40 years. We pursue compensation for injured workers from every source, including in a lawsuit, when applicable. Our office is conveniently located in downtown Cincinnati, Ohio.
If you have questions about whether you should file a workers’ compensation claim or sue your employer or a third party, contact us at 513-823-3257 or reach us online here. We offer free initial consultations with an attorney and do not charge legal service fees unless we win your case.