Five Exceptions in Which an Employee Might Sue Their Employer Instead of Filing a Workers’ Compensation Claim

While most cases of workplace injury will lead to a workers’ compensation claim, if they lead to legal consequences at all, there are a few exceptions to this. Keep reading to learn about five situations in which an employee might file a personal injury claim instead of a workers’ compensation claim. Then contact The Law Offices of Larry H. Parker at 800-333-0000 for a free legal consultation.

  1. The Injury Was Caused by a Willful Physical Assault by the Employer
  2. If an employer assaults their employee and the employee suffers damages, then the employee can sue the employer directly instead of filing for workers’ compensation. The main advantage to suing directly instead of through workers’ compensation is that the employee could then sue for pain and suffering and their full lost wages.

  3. In Cases of Dual Capacity
  4. When an employee is injured due to the use of a product that their employer made, the way the employee would handle that would depend on one issue: what the employee was doing at the time of the injury. If they were working, then they would likely file workers’ compensation. If they were injured by the product when they were not working, then this is known as “dual capacity,” and they would likely sue directly.

  5. The Employer Fraudulently Conceals Something
  6. If the injury was caused or made worse by an issue related to employment that the employer fraudulently concealed, then it is likely the injured party would sue directly rather than use workers’ compensation.

  7. The Employer Did Not have Workers’ Compensation
  8. Companies in California are required to have workers’ compensation, but that does not mean that 100% of companies comply. When an employer does not have this coverage, and their employee is injured, then the employee might sue the employer directly.

  9. The Injury Occurred from an Improperly Set Up Power Press Machine
  10. This is a very specific situation, but it does happen. If the injured party’s injuries were the result of a power press machine that was not set up properly, then the injured party can sue the employer directly.

Call Today to Speak to an Attorney That Can Help You

Whether the case is filed as a workers’ compensation claim or we file a personal injury claim on your behalf, The Law Offices of Larry H. Parker can help. Your next step is to contact us at 800-333-0000 for a free legal consultation. We can go over the basics of your case and help you find the best way forward.

📞 Call 800-333-0000 Today!