Not always. Generally speaking, a worker cannot sue an employer if the worker is covered under workers compensation insurance. There are a number of exceptions to this rule. For example, a worker may opt out of coverage, but must do so before he is injured. He must also be advised of the opportunity to opt out, and therefore a notice advising employees of their benefits and their ability to opt out of those benefits must be conspicuously posted. If it is not, the employee could argue he is entitled to opt out of workers compensation coverage after the injury and sue you directly. Employers are also subject to suit if their conduct rises no an egregious level. You can protect yourself by being diligent about safety, including conducting regular safety meetings and providing appropriate protective gear to all employees.