Can I Sue My Employer After Workers’ Comp?

Workers compensation is a form of insurance that provides medical care and wage replacement to employees who have been injured or become ill due to their job.

This coverage is designed to protect both the employer and employee in the event of an on-the-job injury or illness. While workers compensation aims to provide benefits to employees in a timely manner, some may wonder if they can still sue their employer for damages even after receiving this compensation.

In this article, we will explore the relationship between workers compensation and lawsuits against employers. We will also discuss the circumstances in which an employee may be able to pursue legal action against their employer despite receiving workers compensation benefits.

The Purpose of Workers Compensation

Workers compensation is a state-mandated insurance program that provides benefits to employees who have been injured or become ill due to their job. This coverage is intended to cover medical expenses related to the injury or illness as well as provide wage replacement for any lost wages due to time off work.

The purpose of workers compensation is to protect both the employer and employee. For employers, it helps limit their liability for workplace injuries and illnesses. Without this coverage, employers could be subject to costly lawsuits and potentially face financial ruin. For employees, workers compensation provides a safety net to ensure they receive necessary medical care and financial support during their recovery.

What Is Covered Under Workers Compensation?

The specific benefits covered under workers compensation vary by state, but generally include medical expenses, rehabilitation costs, and wage replacement. In some cases, permanent disability benefits may also be available.

Workers compensation typically covers injuries or illnesses that occur as a result of the employee’s job duties or work environment. This can include physical injuries from accidents on the job, repetitive strain injuries from performing the same task repeatedly, and occupational illnesses caused by exposure to hazardous materials or conditions in the workplace.

Can I Still Sue My Employer If I Receive Workers Compensation?

In most cases, an employee who receives workers compensation benefits cannot sue their employer for damages related to their workplace injury or illness. This is known as the “exclusive remedy” rule, which means that workers compensation is the only legal recourse available to employees for on-the-job injuries.

However, there are some exceptions to this rule. If an employer intentionally caused harm to an employee or engaged in illegal behavior that led to their injury, the employee may be able to file a lawsuit against their employer.

Additionally, third-party lawsuits may be pursued if someone other than the employer was responsible for the employee’s injury or illness. For example, if a faulty piece of equipment caused an employee’s injury, they may be able to sue the manufacturer of that equipment for damages in addition to receiving workers compensation benefits from their employer.

Benefits of Pursuing Legal Action

In some cases, pursuing legal action against an employer may be necessary or beneficial for the employee. While workers compensation provides important benefits, it may not cover all expenses related to an injury or illness. For example, employees may be able to seek damages for pain and suffering, loss of consortium, or other non-economic damages that are not covered under workers compensation.

Additionally, if an employer is found to have intentionally caused harm to an employee or engaged in illegal behavior, a lawsuit could result in additional financial penalties for the employer as well as hold them accountable for their actions.

Plus, in some states, employees may be able to receive both workers compensation benefits and damages from a lawsuit. This is known as “double dipping” and can provide additional financial support for those who have been seriously injured or become ill due to their job.

Does Workers Compensation Affect Job Security?

Some employees may also worry about the impact that filing a workers compensation claim or pursuing legal action against their employer could have on their job security. While there are laws in place to protect employees from retaliation for seeking workers compensation benefits, it is not uncommon for some employers to view these actions unfavorably.

However, if an employee is able to prove that they were fired or experienced negative repercussions due to filing a workers compensation claim or pursuing legal action, they may be able to pursue a separate lawsuit against their employer for wrongful termination or discrimination.

Plus, most employers are required to carry workers compensation insurance and are prohibited from retaliating against employees for seeking benefits. If an employer does retaliate, they could face significant legal consequences.

Can I Sue My Employer for Negligence?

In some states, employees may be able to file a negligence claim against their employer for failing to provide a safe work environment. This is known as a “third-party over action” and can result in additional compensation for the employee.

However, these cases can be complex and require significant evidence to prove that the employer was negligent in providing a safe workplace. It is important for employees to consult with an experienced attorney before pursuing this type of legal action.

Plus, pursuing a negligence claim may affect an employee’s ability to receive workers compensation benefits. In some states, if an employee receives damages from a third-party lawsuit, their workers compensation benefits may be reduced or stopped altogether.

Why A Professional Lawyer Is Essential

Navigating the workers compensation system and potential legal action can be complicated and overwhelming for employees who are already dealing with an injury or illness. That’s why it is essential to consult with a professional lawyer who specializes in workers compensation cases.

An experienced lawyer can help guide employees through the process, ensure they receive fair treatment and adequate benefits, and protect their rights if they choose to pursue legal action against their employer. They can also provide valuable insight into state-specific laws and regulations that may affect the outcome of a workers compensation claim or lawsuit.

Plus, many lawyers offer free consultations and work on a contingency basis, meaning they only get paid if their client receives compensation. This helps alleviate any financial burden for employees who are already facing medical expenses and lost wages due to their injury or illness.

How Much Does a Workers Compensation Lawyer Cost?

The cost of hiring a workers compensation lawyer can vary depending on various factors such as the complexity of the case, the lawyer’s experience and reputation, and whether or not they work on a contingency basis.

In most cases, workers compensation lawyers will charge a percentage of the benefits or settlement their client receives. This is typically around 20-30%, but it can vary depending on state laws and individual agreements.

It is important for employees to discuss fees with their potential lawyer before hiring them to ensure there are no surprises down the road. Additionally, some states may have limits on how much a lawyer can charge for workers compensation cases, so employees should research the laws in their state to understand their rights and protections.

Tips for Finding the Right Workers Compensation Lawyer

When it comes to finding the right workers compensation lawyer, there are a few key tips to keep in mind:

Ask for referrals: Reach out to friends, family, or colleagues who may have personal experience with a workers compensation case and can recommend a reputable lawyer. Also, consider reaching out to local bar associations for referrals.
Research online: Many lawyers have reviews and ratings available online, which can provide valuable insight into their reputation and success rate.
Schedule consultations: Most workers compensation lawyers offer free consultations to discuss the details of a case and determine if they are a good fit. Take advantage of these opportunities to meet with multiple lawyers and choose the one who best meets your needs.
Consider experience: Look for a lawyer who has significant experience handling workers compensation cases specifically. This specialized knowledge is important in navigating the complexities of the system.
Trust your instincts: Ultimately, it is important to choose a lawyer that you feel comfortable working with and trust to represent your best interests. If you don’t feel confident in a lawyer, it may be best to continue searching for someone else.

So, while workers compensation may not provide a full financial recovery for employees who have been injured or become ill due to their job, it does offer important protections and benefits. And with the help of an experienced lawyer, employees can navigate this process and potentially receive additional compensation if they choose to pursue legal action against their employer.

Choose Patterson Dahlberg for Your Workers’ Compensation and Personal Injury Needs

Patterson Dahlberg, Personal Injury Lawyers, based in Rochester, MN is a renowned team of expert attorneys who specialize in workers’ compensation and personal injury cases. With over $120 million in recoveries for their clients, the firm has established a strong reputation for delivering real results.

Our team of dedicated and experienced lawyers have the necessary skills to protect your rights and provide expert counsel to navigate through complex legal processes. We understand that the need for legal counsel can be unexpected and stressful, which is why we offer a free initial consultation to our clients.

When it comes to workers’ compensation we have a proven track record of success. Our attorneys have been recognized as SuperLawyers in Minneapolis/St. Paul Magazine and Twin Cities Business magazine, and named Best Lawyers in America in Minnesota Monthly magazine.

FAQs

Can I sue my employer if I accept workers compensation?

Accepting workers compensation generally means you waive the right to sue your employer for a work related injury. The workers compensation system operates as a no-fault insurance scheme, providing benefits regardless of who was at fault. However, there may be exceptions, such as cases involving third-party negligence or intentional harm, where a personal injury lawsuit might still be possible under workers compensation laws.

How does the workers compensation system operate in terms of lawsuits?

The workers compensation system operates to provide injured employees with medical treatment and wage replacement benefits without the need for litigation. Once injured workers accept workers compensation, they typically cannot file a personal injury lawsuit against their employer. This trade-off allows for quicker access to benefits but limits legal recourse under workers compensation law.

Are there exceptions that allow an injured worker to sue their employer?

There are certain exceptions where an injured worker might be able to sue their employer even if they accept workers comp. These include situations where the employer does not carry workers comp insurance or if the injury was due to intentional harm by the employer. Consulting legal advice is crucial to understand these exceptions under workers compensation laws.

What should injured employees know about suing for a work related injury?

Injured employees should know that accepting workers compensation benefits usually means relinquishing the right to sue their employer for the same work related injury. Understanding how the workers compensation system operates is essential, as it provides necessary medical treatment and compensation without admitting fault. Legal guidance can help clarify any potential for a personal injury lawsuit outside of these benefits.

Need Help with a Workers’ Compensation Claim?

If you have been injured at work in Rochester or anywhere in Minnesota, the experienced workers’ compensation attorneys at Patterson Dahlberg can help you understand your rights and fight for the benefits you deserve. Contact us today for a free case evaluation.

Frequently Asked Questions

Can I sue my employer if I’m receiving workers’ compensation in Minnesota?

In most cases, workers’ compensation is your exclusive remedy against your employer. However, there are important exceptions. You may be able to sue if your employer acted with intentional harm, if a third party (not your employer) caused your injury, or if your employer does not carry workers’ compensation insurance.

What is a third-party claim in workers’ compensation?

A third-party claim allows you to sue someone other than your employer who contributed to your workplace injury. Common examples include equipment manufacturers (product liability), property owners, subcontractors or negligent drivers who caused an accident while you were working.

How long do I have to file a lawsuit against my employer in Minnesota?

The statute of limitations for personal injury claims in Minnesota is generally six years from the date of injury. However, workers’ compensation claims must be filed within three years. Because these timelines can be complex, consulting with an attorney promptly after your injury is critical to preserving your rights.

Will filing a lawsuit affect my workers’ compensation benefits?

Filing a third-party lawsuit does not automatically end your workers’ compensation benefits. However, if you recover money from a third-party lawsuit, your employer’s workers’ compensation insurer may have a right to reimbursement (called a “lien”) from your recovery. An experienced attorney can help you navigate this process to maximize your total compensation.