Since a claim under the workers' compensation system provides the employee with a remedy for injury or illness arising out of the course of employment (strict liability - no need for the employee to prove fault or negligence of the employer), you are typically prohibited from bringing a separate lawsuit for negligence against the employer.

However, this does not preclude bringing a lawsuit against third parties that may be at fault. For example, if you are injured at work but someone outside your company caused the accident to happen (i.e., a wire cable installer negligently hid a wire that caused your trip and fall), you may sue the cable company.

In addition, if your employer did not carry workers' compensation coverage, you may be able to sue the employer based upon its negligence or fault for your injuries. Also, there are some harassment claims that may be brought as a State civil action or a Federal cause of action. This is becoming more common in sex harassment claims. A workers’ compensation attorney can help you pursue all available remedies.

(Reviewed 9-08)