If you’ve been hurt at work, or develop a work-related illness, you may be wondering if you can’t just sue your employer instead of filing a workers’ comp claim. You’d get more money that way, right? But it’s not that simple.
Workers’ Comp Is a Trade-Off
The workers’ comp insurance system is set up to protect employers from being sued by their employees due to work-related injuries or illnesses. That means you’re generally not allowed to sue your employer instead of filing a workers’ compensation claim. When employers provide workers’ compensation insurance, they’re protected from defending personal injury claims brought by the covered employees.
Workers’ comp is a no-fault system. Employees give up their right to sue in exchange for workers’ compensation benefits, regardless of who was at fault for their illness or injuries. This means that workers can get workers’ comp even if they’re the ones at fault for their injuries or illness.
Suing for Intentional Torts
There are some exceptions under which you can sue instead of filing a workers’ comp claim, and these are known as intentional torts. If you’re hurt at work, or if you become ill due to work-related conditions or duties, and you think your employer intentionally caused you this harm, you can sue, whether the harm was physical or emotional. Some common grounds for suing your employer include:
- Battery, or injury to your person
- Assault – which can be either the threat to commit a battery or an attempted battery
- False imprisonment – or confinement against your will and without due legal process
- Intentional infliction of emotional distress
The following, while being a little less common, can also be considered grounds for intentional torts.
- Defamation – including libel and slander
- Conversion – taking your property and making it their own
- Fraud – if it causes injury
- Invasion of privacy – which includes sharing photos of you or your private information with a large audience
- Trespass – using your property or entering your property without permission
Other Reasons to Sue Your Employer
You might also be able to sue your employer if you believe they have wrongfully terminated or denied your workers’ compensation benefits. If you think you’ve been wrongfully denied workers’ comp, or have been the victim of an intentional tort, call a workers’ compensation attorney now.
Contact Experienced Workers’ Compensation Lawyer Today
There are many different situations where suing your employer is a better idea than filing a workers’ compensation claim. However, it can be difficult to determine the best path on your own. If you or someone you love has been injured at work, and would like to receive more information on workers’ compensation settlements, wage loss, workplace injuries, wage claims, and how to receive workers’ compensation benefits, let us help.
Contact the workers’ compensation attorneys at Petro Cohen, P.C. as soon as possible at (609) 677-1700, or fill out the form online to schedule your free consultation. We can answer your questions and determine the most efficient way to proceed in order to help you and your family obtain the compensation that you deserve.
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