Many people are surprised to learn that in most cases, you cannot sue your employer if you get hurt on the job. This limitation arises from the "exclusive remedy" rule under workers' compensation law. While the workers' compensation system ensures that injured workers receive prompt medical treatment and financial support regardless of fault, it also means that employees generally forfeit the right to sue their employers for personal injury. This is significant because only through a personal injury action can an injured person recover compensation for their pain and suffering.
There are some very limited exceptions to the workers' compensation exclusivity rule. For example, if an employee is injured due to an intentional act or gross negligence by the employer, or if the employer fraudulently conceals the existence of the injury and its connection to employment, leading to an aggravation of the injury. Additionally, if an employee is injured on the job due to the actions of a third party, such as another driver in a car accident while the employee is working, the employee can pursue a personal injury claim against that responsible party.
Understanding the complexities of these exceptions and identifying potential third-party liability can be challenging. That’s why it is essential to contact our law firm if you suffer a workplace injury. We will thoroughly evaluate your case to determine if any exceptions to the workers' compensation exclusivity rule might apply. Additionally, we will investigate whether there are liable third parties to pursue, which may not always be obvious. If your situation falls strictly under workers' compensation, we will refer you to a qualified workers' compensation attorney to ensure you receive the comprehensive legal support you need.
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