There are a few exceptions to the rule that workers compensation is your exclusive remedy for a work-related injury or illness. If your injury was caused by the negligence of a third party, someone other than your employer or a coworker, you are free to sue that person for damages. For example: If your injury was the result of a machine malfunction, and that malfunction was caused by the manufacturer's negligence you are eligible for workers' compensation and you can sue the manufacturer responsible for the machine malfunction. Another example would be if someone ran a red light and hit the company truck you were driving while making deliveries for your employer. You are eligible for workers compensation and you can sue the person who caused your injury. Your employer can sue this negligent third party to recover the workers' compensation benefits he is required to pay to you. Your employer could also join in your lawsuit and seek reimbursement of their obligations out of your damage award. Most states require employees to notify their employers if they intend to sue a third party.