When an employee suffers any injury while on the job, they may claim workers’’ compensation. However, there are a few exceptions where the employee may sue their employer instead of filing a workers’ compensation claim, including the following:
When an employer intentionally or deliberately caused the employee’s injury
When an employer acted in such a way that makes it a “virtual certainty” that the employee would be injured. In this case, the employee may sue for negligence if:
The employer was repeatedly and explicitly warned that certain conditions are very likely to cause an injury; and
The employer concealed and misrepresented such danger deliberately.
When an employer’s action results in the employee’s workers’ compensation claim being denied. Examples of such actions are:
When the employer fails to make a timely report of the injury to the insurance provider;
When the employer denies the nature of the injury (i.e, saying that it didn’t happen while on the job);
When the employer misrepresents the injury or accident to the insurance provider.
When the employee’s workers’ compensation insurance is insufficient to cover the costs of the injury