Injury in the Workplace: Suing Outside of Workers’ Compensation Insurance

Updated July 2022

Injured At Work - Suing Outside of Workers Comp - Injury LawyerMany injuries that occur while on the job are automatically covered by Workers’ Compensation insurance; injuries caused by faulty machinery, poor work conditions and many other job-related accidents. For the most part, when an employee signs on for a job, they are also agreeing to the terms of Workers’ Comp. which serves as a blanket for any work-related injuries. There are, however, some exceptions where an employee can sue for damages.

Here are some of the exceptions:

  • Defective Products: If you were injured by a defective product, you may be able to bring a product liability action against the product’s manufacturer.
  • Toxic Substances: If you were injured by a toxic substance, you might be able to bring a toxic tort lawsuit against the manufacturer of that substance.
  • Egregious Conduct: If you were injured due to your employer’s intentional or egregious conduct, you might be able to bring a personal injury lawsuit against your employer.
  • No Workers’ Compensation Insurance: If your employer does not carry Workers’ Compensation insurance, you might be able to sue your employer in civil court or collect money from a state fund.
  • Third-Party Injuries: If a third party caused your injury, you may be able to bring a personal injury lawsuit against that individual or company.

Workers’ Compensation is meant to provide money and benefits to an injured worker. Sometimes, though, the benefits do not cover things like pain and suffering or permanent disability over the long term. If you plan to sue your employer outside of workers’ compensation, it is important to consult an attorney who is familiar with Workers’ Compensation and personal injury laws.

For more information on Worker’s Comp. and to see if you have a case, check out our Workers’ Compensation e-book and fill out the contact form on the right. All initial consultations are completely free and there’s no commitment necessary!

If you, or someone you know, has been injured while on the job, contact the experienced Martin, Harding & Mazzotti LLP team at 1-800-LAW-1010 to learn more about how we can help you.