In most cases, you cannot sue your employer directly for a work-related injury. Work injuries are typically covered by workers’ compensation, a no-fault system that provides medical benefits and wage replacement without requiring proof that anyone was at fault for the injury or illness. However, the trade-off is that the system generally prevents employees from suing their employers.
Also, unlike in a personal injury lawsuit, you can’t recover any damages for pain and suffering, emotional distress, or other non-financial losses through workers’ compensation. However, if a third party was also responsible for your injuries, you may be able to file a personal injury lawsuit against them in addition to receiving workers’ compensation benefits.
Who Can You Sue for a Work-Related Injury?
Third-party liability arises when a party other than your employer was partially responsible for an injury otherwise covered by workers’ compensation.
Examples of third parties who can be liable for a work injury include:
- Contractors or subcontractors: You can sue companies working on the same project if your employer does not directly own them.
- Manufacturers: If defective tools, equipment, or machinery led to your accident, the product’s manufacturer may be liable.
- Property owners: If you were injured by a hazardous condition on premises not owned or controlled by your employer, you might have a third-party claim against the property owner.
- Negligent drivers: If you were injured in a vehicle accident while performing a work-related task, the at-fault driver may be liable.
- Maintenance or service companies: If the companies responsible for maintaining safe conditions at a job are not owned by your employer, they can be liable for causing a work injury.
Why a Third-Party Claim Matters
If you can show that a third party caused your work-related injury through negligence, you can recover additional damages. The biggest opportunity offered by a third-party lawsuit is the ability to recover non-economic damages for emotional distress, pain and suffering, and other impacts to your life and family that workers’ compensation won’t cover.
Additionally, a third-party lawsuit can provide you with full wage replacement. While workers’ compensation typically only covers about 60% to 70% of your pay, depending on the state and circumstances, you can seek 100% of your lost income and damages for lost future earning capacity through a lawsuit.
Rare Exceptions: When You Can Sue Your Employer
In nearly all situations, you cannot sue your employer for a work-related injury. However, there are some very limited exceptions, including the following:
- Not having insurance: With limited exceptions, nearly all employers in Massachusetts and Rhode Island are legally required to carry workers’ compensation insurance covering their employees. If your employer doesn’t have workers’ compensation coverage, you can sue them directly for a work injury.
- Intentional harm: If you were injured because an agent of your employer physically assaulted you or otherwise hurt you on purpose, you may have the opportunity to sue.
- Fraudulent concealment: Similarly, you might have a legal claim against your employer if it knew about a dangerous condition that led to your injury and did not inform you or other workers about that risk.
If you have been hurt at work under any of the above circumstances, it’s important to speak with a lawyer immediately.
Contact Rob Levine Law Today
For over 25 years, the trusted attorneys with Rob Levine Law have built a strong track record of winning for workers like you. We’ve earned the name The Heavy Hitter® by aggressively pursuing justice for our clients, securing them over $2 billion in disability benefits and injury compensation.
Our skilled workers’ compensation lawyers are available 24/7 to take your call and answer your questions. We can review the circumstances of your work-related injury, explain your legal options, identify any potential third-party claims, protect your rights, and pursue the compensation and benefits you are entitled to.
Win or no fees™, that’s the Fee Free Guarantee®. Contact us online or call (888) 791-9135 today for a free consultation.
