Suing an Employer to Receive Workers' Compensation

Can You Sue an Employer and Still Get Workers' Compensation?

Yes, but only in certain circumstances. If an employer refuses to pay, the injured employee can file a workers' compensation claim and, if denied, sue the employer for the benefits owed. However, the lawsuit cannot recover the same benefit twice; it is a remedy for denial, not a substitute for the benefit itself.

How Workers' Compensation Works

Workers' compensation is a no‑fault system that provides medical care and wage replacement to employees injured during employment. The employer or its insurer pays the benefits, and the employee waives the right to sue the employer for damages.

When a Lawsuit Is Appropriate

If the employer or insurer denies a legitimate claim, the employee may sue to compel payment. Courts can order the employer to pay the benefits that were denied. The lawsuit is typically filed in state workers' compensation court or a state civil court, depending on jurisdiction.

Limits on Recovery

The employee cannot recover the same benefit twice. If the employer is found liable, the court may award the benefit plus any damages for bad faith or punitive reasons, but not duplicate the workers' compensation amount already promised.

Steps to File a Claim and a Lawsuit

• File a workers' compensation claim within the statute of limitations.
• If denied, file a petition for reconsideration or appeal.
• If denial persists, file a civil action for payment of benefits.

Key Considerations for Backlink Strategy

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