Many workers ask the question, “When can you sue your employer for your injury?” Learn some factors that can allow you to sue your employer for your injury.
Many workplace conditions put workers at risk, and many workers are asking, When can you sue your employer for your injury?
For this question, it’s crucial to understand your legal options.
Whatever your reason for asking the questions is, one thing is that negligence on the job should not be taken lightly.
Most workplaces pay benefits to workers who get injured on the job. But there’s a catch to it.
As a worker, if you receive the benefits, you can’t sue your employer for the accident, even if they’re at fault.
Though workers can still sue manufacturers of bad equipment.
Despite the immunity, there are some exceptions where workers can sue their employers.
In this article, we’ll cover the exceptions where workers can sue and the rights an injured employee has.
Cases When You Can Sue Your Employer For Your Injury
As mentioned earlier, employers enjoy immunity from being sued by their workers.
But there are exceptions that break this immunity, and that’s what we’ll get into shortly.
1. Your employer does not carry workers’ compensation coverage
This is the clearest example where an injured worker can sue their employer.
If it’s necessary that your employer get a workers’ compensation policy, and your employer declines, you can sue them on this ground.
Employers enjoy immunity not as a right but as an exchange for giving coverage benefits.
If your company cancels coverage or fails to pay its premiums to save money, you can hopefully seek compensation in a lawsuit.
2. Your employer intentionally injures you
This is a major exception. Apart from dangerous conduct, employers can be protected when they have committed ordinary negligence from carelessness.
If your employer physically attacks you and causes injury, you can sue the employer.
Also, other situations can qualify for suing, like:
- The employer’s conduct was intentional and was certain to cause injury or death
- The employee did not know the risk
- The employer purposefully lies about or conceals the danger
A workplace injury attorney will carefully evaluate the situation to identify whether your employer’s behavior satisfies these qualifications.
3. A totally negligent co-worker injures you

Generally, you cannot sue a co-worker who injured you by mistake.
But you could sue if the co-worker was completely negligent.
This means that your co-worker understands the imminent danger of his action, but acts unbothered about your safety.
When a co-worker is obviously being negligent, you can sue them.
You can also sue the employer under the theory of vicarious liability.
What Are My Rights As An Injured Worker?
Workers’ compensation laws protect workers who get injured in a work-related accident.
These laws are different in each state, and so are the rights granted to injured employees.
Also, the way the process of these rights is protected differs.
Here are the rights injured workers generally have:
1. The right to file a claim for workers’ compensation benefits
If you got injured while working, you have the right to claim workers’ compensation benefits.
Workers’ compensation provides numerous benefits depending on your state and the kind of injury you sustain.
Workers’ compensation generally covers loss of income, medical care, and temporary disability benefits.
If your loved one got injured while working and lost their life, you can claim death benefits.
2. The right to sue your employer for negligence
Personal injury law allows you to sue your employer if the accident that resulted in your injuries occurred while you were on the job.
But every state has its limitations for personal injury lawsuits.
If you decide to sue your employer, it is important to seek the guidance of an experienced accident lawyer or personal injury attorney.
This will help to ensure your legal rights are protected while seeking compensation for your injury.
Hiring an accident attorney near me will help increase your chances of filing a successful claim.
Taking legal action helps you get the compensation needed.
But for this case, you’ll have to prove that your employer was negligent to win this lawsuit.
3. The right to collect social security disability benefits
Social security disability benefits are federal benefits that help reduce the financial burden injured workers carry.
The injury could have resulted in mental or physical injury.
If the injury you sustained at work restricts you from returning to work or limits the type of work you can do, you can seek social security disability benefits.
You will need to prove that the injury makes it impossible for you to perform considerable work.
You are only eligible to apply for these benefits if your injury has lasted or is expected to last for more than 12 months.
4. The right to legal representation

The process of making a workers’ compensation claim is designed to be easy.
The reason is to allow employees to file a claim without needing professional legal assistance.
But many injured workers soon find that their cases become complicated.
Employers and Insurance companies use all kinds of tricks to either downplay your injuries and pay a low compensation or deny your claim altogether.
An experienced attorney, whether a car accident attorney, has experience handling insurance companies and employers that are playing games with your claims.
They know the tricks these entities use and will be able to counter them.
5. The right to sue third parties
There are times when employers may not be directly responsible for injuries.
For instance, if you were using a faulty machine and had an accident, you may be eligible to file a personal injury claim against the manufacturer of the equipment.
Your claim will help to compensate you for lost wages, medical expenses, and other related expenses.
You can also pursue non-economic damages such as pain and suffering.
Conclusion
Accidents in workplaces usually come from poor conditions, carelessness by management, or safety mishaps.
If you have been injured in the workplace and you want to know when can you sue your employer for your injury, the details shared in this article can help you.
And as an injured worker, you have rights. These rights can help you get the necessary compensation you need.
Don’t just stop at knowing your rights. Keep them in mind and consult a workplace injury attorney to ensure they are protected.