If your employer carries workers’ compensation insurance, then you are legally prevented from suing them except in extreme circumstances.
If your employer lacks the necessary insurance, you can seek a direct claim against them, including the company heads’ personal assets, in some situations. If you are working as a subcontractor on a job, such as on a construction site, then not having workers’ comp insurance can also allow you to claim workers’ comp from the general contractor or project owner.
The beauty of workers’ compensation insurance is that it is “no fault” insurance. However, it may not pay for the full extent of damages caused by a workplace injury. Notably, you are not eligible to receive payment for pain and suffering within any workers’ comp policy. So while you can expect a reasonable settlement within a reasonable time frame without having to prove negligence, you may not be able to cover all damages.
However, your accident injury may not have been 100% workplace-related. A third party could have directly caused your injury because of negligence, willful misconduct, failure to provide reasonable fall safety protections, or another form of wrongful behavior.
If this is the case, you can legally pursue an injury claim against the third party. Common third parties found responsible for on-the-job injuries include:
- Product manufacturers, especially those who make machinery, chemicals, or safety equipment
- Other vendors and subcontractors in the workplace
- The general contractor of a project
- The owner of the property where you were hurt
- Other third parties, including motorists involved in a car accident that injured you