Can you still sue after receiving workers comp?
- Posted on: Jul 31 2022
When workers compensation is not provided through an employer, the company is not protected by no-fault laws, which would prevent any lawsuit from coming forward from an injury while working. A lawsuit may also include an employer who does have the insurance. Regardless, the employer will not have complete protection if a lawsuit was to be filed. If the employer does not carry workers compensation insurance, then any type of lawsuit can be filed. The employer with the insurance can only be sued if specific conditions apply.
When an employee is injured while working for a company that has no coverage, then bringing forward a suit is warranted because the employer must cover any lost wages sustained from missing work. It is important to understand that when a lawsuit is brought forward to an employer, the case will not be considered as a workers compensation lawsuit, but regarding negligence against the employer.
When a negligence claim is filed, the non-insured employer will have difficulty fighting the negligence brought forward by an employee.
When an employee obtains workers compensation, they are still able to sue if gross negligence can be proven. This gross negligence is also a separate lawsuit aside from workers compensation. Plus, if a third party was involved with the cause for the accident, then they too can be sued. When this happens, they are involved with a lawsuit involving a personal injury.
Is Suing Possible Once Settlement Is Made
When the employer has workers compensation, there are no workers compensation settlements. This is covered within the Workers Compensation Act. Under the act, settlements were eliminated for injuries sustained while working. With workers compensation, the insurance only has to pay for the care of the employee and any wages that would be lost if they were out of work while injured. If the employer does not carry the insurance, then a settlement may be sought depending on the case.
When a settlement is sought, then the language involved will usually include the inability for the parties to sue each other. This inability prevents the employee from attempting to obtain a settlement. more compensation than what they were awarded with when a settlement was signed. So, once a settlement is reached and agreed upon, then there is no way to sue after
Usually, settlements are reached after liability is admitted and a certain amount is agreed to be paid to the employee. Although the laws covering no-fault are intended to prevent a suit, the employee can still attempt it.
Conclusion
In order to find out what course of action you should take, it is best to seek an attorney who has experience with workers compensation cases and the laws governing them. When you have been injured on the job and need to find out more information, then you should be in contact with us today. We will go over your options to ensure you receive the most and the best care for your injuries.
Posted in: Blog, Work Injuries, Workers Compensation Benefits