If you are in a position to file for workers’ compensation, you are likely wondering if it is possible just to sue your employer instead. After all, it is possible to sue negligent parties for causing injuries in many cases.
However, the workers’ compensation system is a little bit unique. According to FindLaw, in the majority of cases, you are not able to sue your employer for your injuries because workers’ compensation is a no-fault system.
What are the basics of a no-fault system?
The idea behind a no-fault system is that both parties can come to an agreement regarding the situation without having to involve a lawsuit. In the case of workers’ compensation, the agreement is that the employer provides workers’ compensation insurance that the employee can apply for upon sustaining a work-related injury without question. In return, the employee does not sue the company.
The idea behind a no-fault system is to save everybody money and time. If the workers’ compensation system was not no-fault, it is likely that individual employees would need to sue their employers upon sustaining an injury and the employers would attempt to protect themselves by saying that the injury was the fault of the worker.
Is everything related to at-work injuries no-fault?
There are some specific cases where the no-fault system does not apply and you may sue your employer. For instance, your employer causing you intentional injury is not covered by workers’ compensation. So if your immediate supervisor attacked you, you have the right to sue.
Workers’ compensation also does not cover acts of trespassing, defamation, fraud or intentional infliction of emotional distress.