{"id":353603,"date":"2016-04-04T10:47:02","date_gmt":"2016-04-04T15:47:02","guid":{"rendered":"https:\/\/ability-fl-prod.internetbrands.com\/ability-law\/injury\/workers-compensation\/workers-compensation-can-i-sue-my-employer-instead.html"},"modified":"2025-06-17T12:01:01","modified_gmt":"2025-06-17T17:01:01","slug":"workers-compensation-can-i-sue-my-employer-instead","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/injury\/workers-compensation\/workers-compensation-can-i-sue-my-employer-instead.html","title":{"rendered":"Workers’ Compensation: Can I Sue My Employer Instead?"},"content":{"rendered":"\n
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Workers' Compensation: Can I Sue My Employer Instead?<\/h1>\n\n
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\n By Steven Ellison, Esq.<\/a> | Legally reviewed by FindLaw Staff<\/a>\n | Last updated\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n\n\n

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Key Takeaways<\/h2>\n

Generally, you aren’t allowed to sue your employer for a workplace injury. Employers provide workers’ compensation insurance for the benefit of their employees. As a trade-off, they are typically protected from defending resulting personal injury claims. But there are exceptions.<\/p>\n\n <\/div>\n <\/div>\n<\/div>\n\n\n

Workers’ compensation laws exist to protect workers who suffer from work-related injuries. Suppose you have a job-related injury, such as from working on a construction site or getting into a car accident while on the job.<\/p>\n

Workers’ compensation coverage may cover your medical expenses and some of your lost wages. This is known as a\u00a0no-fault system<\/a>.<\/p>\n

What if you are not happy with the benefits you are getting? Your medical treatment costs more than what is covered, or you can no longer work; what do you do? What if your employer hurt you intentionally?<\/p>\n

Learn more about the exceptions below. Or, you can find a workers’ compensation lawyer<\/a> to answer your questions.<\/p>\n

Suit for an Employer’s Intentional Torts<\/h2>\n

Under most state laws, you cannot sue your employer for a workplace accident<\/a> if workers’ compensation covers you. However, one exception is when an employer intentionally harms an employee. These are called “intentional torts<\/a>.” For example, if your employer knowingly exposed you to a dangerous condition, you could file a civil lawsuit. Proving this kind of case can be complex.<\/p>\n

If you were injured at work and believe your employer intentionally caused you this harm, you can bring a suit in civil court. Tort injuries include physical harm and nonphysical injuries, such as emotional distress.<\/p>\n

Here are the most common intentional torts:<\/p>\n