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Under workers' compensation laws, is it possible for workers to sue thier employer for the workers negligence?

Workers Compensation Law Discussion

Under workers' compensation laws, is it possible for workers to sue thier employer for the workers negligence?

Postby garbhach65 » Sat Oct 29, 2011 6:17 pm

even under worker's compensation laws, is it possible for an employee to sue his or her employer if the employee's injury results from negligence?
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Under workers' compensation laws, is it possible for workers to sue thier employer for the workers negligence?

Postby elkanah1 » Sat Oct 29, 2011 6:19 pm

If the employer has worker's compensation coverage, the employer generally cannot be sued for negligence. If the employer acts intentionally or with reckless disregard for safety, you might be able to sue the employer in tort. In addition, if the injury is not the type covered under the worker's compensation statute, you might be able to sue the employer in tort. Again, the basic rule is that you cannot sue the employer for negligence.
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Under workers' compensation laws, is it possible for workers to sue thier employer for the workers negligence?

Postby avikar76 » Sat Oct 29, 2011 6:31 pm

You might not be able to sue the employer if you sign a release in exchange for worker's compensation, but some states allow you to choose your remedy: if you think you could win a lawsuit you can try it.

Even if you accept worker's comp, you can still sue others who may have contributed to your injury, such as the product manufacturer, independent distributor, contractor who installed it or trained you negligently, etc.
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