You may feel a range of emotions when you’ve been injured on the job. You may feel betrayed if you believe your employer was at fault. You may be feeling scared and uncertain about your future. You may be feeling angry and frustrated about the whole situation.Knowing that you have options regarding workers’ compensation claims is important. You may wonder, “Can I sue my boss instead of filing a workers’ compensation insurance claim?”

The answer is maybe. It depends on the circumstances of your injury and the state you live in. In this blog post, we will explore the different circumstances in which you can or cannot file a claim against your employer, along with what can be the best possible choice for you.

What is workers’ compensation?

Workers’ compensation is a system of insurance that benefits employees injured or who become ill due to their job. State governments usually oversee workers’ compensation insurance programs. There are two main types of workers’ compensation benefits: medical and wage replacement.

  • Medical benefits cover the cost of medical care related to the job injury or illness.
  • Wage replacement benefits replace a portion of an employee’s wages while unable to work. In most cases, employees who are injured on the job are not able to sue their employer.

Workers’ compensation laws provide employees with a quick and efficient way to get benefits without going through the lengthy and expensive process of suing their employer. However, there are some exceptions to this rule.

What are your rights under workers’ compensation?

You have the right to workers’ compensation benefits if you are injured at work or develop an illness because of your job. These benefits include:

  • Medical benefits: You have the right to medical care for your injury or illness. The cost of medical care should be covered by your employer’s workers’ compensation insurance.
  • Wage replacement benefits: If you cannot work because of your injury or illness, you have the right to wage replacement benefits. These benefits can replace a portion of your lost wages.
  • Death benefits: If you die due to your injury or illness, your surviving family members may be eligible for death benefits.

If you are injured or become ill because of your job, you should report your injury or illness to your employer as soon as possible. Your employer should then provide you with a workers’ compensation claim form. You must complete this form and submit it to your employer’s workers’ compensation insurance carrier.

You may have the right to choose your doctor. However, your employer’s workers’ compensation insurance carrier may require you to see a doctor from their approved list. You have the right to receive benefits without delay. Knowing that you have options regarding workers’ compensation claims is important.

When can you sue your boss instead of filing a workers’ compensation claim?

While workers’ compensation insurance benefits are generally the only avenue for relief when it comes to workplace injuries, you can only sue your boss if they have acted outside the scope of their employment. For example, if your boss assaults you or commits some other criminal act, you may be able to sue them. Additionally, if your boss retaliates against you for reporting illegal activity, you may have a claim for wrongful termination. Finally, if your boss breaches their duty to provide a safe work environment, you may be able to sue for negligence. There are a few exceptions.

What are the possible outcomes of suing your boss?

There are a few potential outcomes of suing your boss instead of claiming workers’ compensation, and they all depend on the details of your case. If you have a strong case, you could receive a large settlement from your boss. However, if your case is not as strong, you may only receive a small amount of money, or you could even lose the case entirely. Another potential outcome of suing your boss is that you could lose your job, so weighing your options before taking any legal action is important.  

If you are considering suing your employer for a work injury, you should speak to a workers’ compensation lawyer to discuss your options and the risks involved.

To wrap things up

To conclude, suing your employer for your work injury is an option. However, claiming workers’ compensation is still a better option.

We at San Gabriel Valley strongly believe that every worker is entitled to workers’ compensation benefits, and we will fight to get you the benefits you deserve. Workplace injuries are, unfortunately, quite common. We understand the ins and outs of the workers’ compensation system and know how to get results.

If you or someone you know has been injured at work, don’t hesitate to contact us at 626-602-9483 for a free consultation. We would be happy to review your case and explain your rights and options under the workers’ compensation system.

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