Employers who provide worker's compensation to injured workers are entitled to immunity from civil suits by the employee or their representatives outside of the workers' comp system. In some jurisdictions, this immunity is extended to general contractors and project managers.
Damages for pain and suffering are generally not awarded in workers’ comp cases like they are in personal injury cases. Unfortunately, when worker's compensation claims are denied, workers face major legal issues because they cannot file a personal injury claim for their damages in court. In a personal injury claim, the victim must prove negligence and liability to receive damages in court, which could take years. With the Workers' Compensation system, the worker can receive benefits while recovering from their injuries without having to prove that anyone was negligent. In exchange, the worker gives up the right to file a personal injury suit against their employer.
However, there is an exception if your Workers’ Compensation attorney can prove that their client's employer was aware of a danger that was virtually certain to cause injury. If your employer covered up or tried to hide the hazardous condition without fixing it, then you should talk to us about filing a lawsuit.