Can I sue my employer if I suffered injuries? 29 Answers as of October 17, 2011

In Iowa you cant sue your employer except under the Iowa Workers Compensation act. You can sue co-employees but only when their behavior is grossly negligent. Those are tough cases to prove. I have proven one in the past thirty years.

No. It is clear that you suffered, horrifically, but Workers' Compensation is what is called an exclusive remedy against your employer. It does not matter whether your employer had all new, state-of-the-art equipment or multiple safety violations. You MAY have a 3rd party claim against the manufacturer or company charged with the responsibility of the equipment that failed. Do not let the statute run on that claim, if one exists. From your description, you are almost certainly permanently and totally disabled which means you should be receiving 2/3 of your former gross pay for life. Additionally, your attorney should have explained that you will be entitled to an extra 6% every year starting 2-3 years after the judgment of your permanent total disability. This amount comes from the rate adjustment fund. If you settled your case, it cannot be re-opened and you have forfeited that money.

If you are in Georgia you must accept Workers' compensation. However if there was an explosion there is a high probability that the explosion was as a result of a product failure. You can in addition to Workers' Compensation sue the manufacturer or other entity that caused the explosion. Comp benefits are never enough. You should be able to recover for your injuries under tort law too.

You are probably limited to Workers Comp. You would either have to show intentional conduct on the employer, or show that a third party for example employees from another employer was involved in the accident.

There are a number of factors involved with answering your question. It is best to find a qualified attorney and call for a free consultation. An attorney will then be able to evaluate all the facts and help determine your next best course of action.

Your exclusive remedy against your employer and any co-employees of the same employer is Workers Compensation. If you can find someone else to blame then you can bring what is called a "third party action". That's where the big money is.

Normally, Industrial Insurance is the only compensation available for on-the-job injuries. RCW 51. There are a few exceptions and other possible avenues of recovery. For example, it might be possible to sue a manufacturer of defective equipment or some other third party.

It all depends on which state's laws apply.

I do not think so. Worker's comp for you is with employer. If there was a third party , you might be able to still sue it/them. But this possibility should have been discussed w/ your workers comp attorney.

If your Montana employer had workers comp insurance, then it is almost impossible to successfully sue the employer, regardless of how dangerous the workplace may have been.

Washington has always been a "majority state" refusing to allow work site injuries to be compensated beyond worker's compensation benefits. Remember that this is a general rule. For every general rule there always appears or seems to be an exception. The Washington Supreme Court in the past has allowed civil claims to go to a jury where the facts showed that employees complain that the company or employer ignored their concerns about exposure to certain hazards, supervisors warned their employers, and there was employer denial of a supervisor request for improvements. Further, the requests for improvements were denied due to apparent economic reasons, and damages occurred as a result. The court adopted a new test of liability redefining the term "intentional" injury exception to mean that the employer must have had a willful disregard and knowledge that an injury was certain to occur. However, based on the facts as you present, they do not allow me to be able to tell you, one way, or the other. Rather, I would have to look further into what occurred.

Depending upon the nature of the violations you may be able to file a lawsuit against your employer instead of proceeding under workers' compensation. It would seem that your injuries are quite severe and that should you prevail in a civil action you might receive quite a bit more than you would in a worker's compensantion claim. The difference is that worker's compensation is no fault and you will receive compensation. You need to consult with a personal injury attorney and to document the findings made by OSHA.

You probably cannot sue your employer, but there might be others you can sue. But in any event, you definitely need a lawyer for your comp case.

In Ohio, the Worker's Compensation system is meant to be the main avenue of recovery for injured workers. However, Ohio also has a statute that allows you to sue your employer it they have committed an "intentional tort." While these are very difficult to prove, the facts in your case need to be evaluated by a competent lawyer to see if it meets the standards under the statute. You should consult with someone soon.

There is no need to withdraw your workers' comp case. Workers comp will cover your ongoing medical treatment and lost wages while you pursue a tort suit against either your employer and/or a third-party/third-parties, depending on where the fault lies based on the specific circumstances which led to the explosion.

I am sorry to hear about your accident and injuries. You actually can file claims both in the workers comp system AND as a civil claim against all liable parties who caused or contributed to the cause of the explosion. You really need to hire an experienced and skilled injury attorney.

If the explosion was the employer's fault or the fault of its employees, you're stuck with the workers' compensation system. On the other hand, if the explosion was caused by anything or anyone besides your employer, you may be able to prosecute that claim. For instance, if the explosion was caused because a boiler was a defective product, you could have a claim. If the explosion was caused by a person who didn't work for your employer, you could have a claim. If you have doubts, consult with a personal injury attorney.

Yes. You should contact an attorney who can assist you in pursuing a claim for these life changing injuries.

The short answer is, yes, but no need to withdraw your workers compensation claim. The cause of the explosion, and what position your employer put you into are very important to determine whether or not to pursue a lawsuit against your employer. In the meantime your employer's workers compensation insurance company should be providing benefits.