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Can I sue my employer for getting hurt on the job? I already have a workers comp claim.?
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Can I sue my employer for getting hurt on the job? I already have a workers comp claim.?

I think it depends on the type of injury, and if it's being taken care of.

was the injury part of your day to day job?
or was it something asked of you out of your job scope?

If you sue make sure you sue for medical cost . WHen people go sueing everybody it corrupts the UNITED STATES OF AMERICA. dont go suing for more than is needed to cover payments due to your injury.

well I think you sue the insurance company not the company. I had to sue my old work place. That is what happened.
Now if your boss physically hurt you, you might be able to sue him. Call a workers comp lawyer he will talk to for free. But they want 25-30 % of what you get.

You can sue anyone, but you might not win unless you can prove that your employer was negligent.

Cali W
You need to call an attorney who specializes in workers claims. They can tell u #1 if u have a case and #2 if you should wait until your workers comp claim has gone through. Many attorneys have a free 30-60 min. initial visit. Go see a few.... Better to take a few hours outta your day that not know at all.

The workers comp system was created so injured workers would NOT have to go thru the long process of suing their employers to recover benefits. Generally you cannot sue your employer for workers comp, but it CAN be done.

IF you want to sue your employer your case MUST have a legal basis, i.e. negligence, or bad faith.
To win the negligence part, you must prove that your employer knew, or should have known that a hazard existed, AND that they did nothing about it, or made it worse, AND that the hazard was causally-related to causing your injury.
"Bad Faith" is another case. If you want more info, just post a question about "bad faith", to get help.
You can also visit
Prairielaw.com - it is a question-answer forum.
Or - visit GettingWorkersComp.com

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