Can I Sue in Addition to Getting Workers’ Compensation?

trial lengthHave you suffered a workplace injury or illness? Do you think you deserve more than just workers’ compensation benefits? There are a few situations when it may be possible to sue in a court of law in addition to receiving workers’ compensation benefits from your employer’s insurance.   Workers’ comp benefits are intended to help the injured person provide for their family while they are out of work. However, the monetary compensation tends to be minimal and often does not account for pain and suffering. If your specific case involves factors that allow you to sue outside of workers’ comp, it may be worth it to do so. Every person injured at work deserves appropriate compensation for their pain and suffering, but there are some cases when this is more realistic. Generally, this is possible when it was not the result of a workplace accident and a person, company, or product can be identified as the clear cause of the injury.   If your injuries were caused by any of the following, you may be able to pursue additional compensation:  

  • Defective product: Products liability lawsuit against the manufacturer of the product


  • Toxic substance: Toxic tort lawsuit against the manufacture of the substance


  • Intentional or abusive conduct of employer: Personal injury lawsuit against your employer


  • Third party: Personal injury lawsuit against the third party

  Consult with a skilled lawyer if you believe you may be entitled to more compensation than the typical workers’ compensation benefits. Generally, there needs to be a specific party at fault for the injuries in order to pursue further damages. Even if you are unsure if this applies to you, or none of the above circumstances apply to your situation, it is worth it to consult with your lawyer. They will evaluate your specific case and may find a way this is possible.   Another motivating factor you may consider when deciding to pursue a lawsuit outside of workers’ comp is punitive damages for your employer. If your injuries were caused by poor safety regulations or dangerous working conditions at the direct fault or negligence of your employer, they won’t suffer at all if you simply take compensation from their insurance. A lawsuit may cause them to wake up and correct these unsafe conditions to prevent injuries to further employees. You have the right to safe working conditions as an employee. You deserve appropriate compensation if you were injured as a violation of this right.  

Find Out If You Have a Case

  This is only general legal information that can be applied to most cases. You should always consult with a lawyer for advice pertaining to your specific situation. If you need a successful workers’ comp lawyer, The Hayes Firm can connect you with the best in your area free of charge. Simply call 1-800-603-6833 or complete the online form to the right of this page and we will be touch.

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