Going through the workers’ compensation process can be frustrating and take a very long time. This is why some injured employees think about trying to sue their employer for compensation as opposed to going through workers’ compensation insurance.
However, in the majority of instances, this is not possible. Workers’ compensation insurance is a no-fault system intended to benefit both the employer and the employee by bypassing lawsuits, according to FindLaw.
What is a no-fault system?
Essentially, workers’ compensation is an automatic process that does not involve the courts. Namely, in the event that an employee sustains injury on the job, they automatically get access to compensation through the insurance. This applies no matter who was at fault in the injury. Thus, the injured employee does not have the burden of proving that the injury was in fact the fault of the company and not due to individual carelessness. It also allows the employer to sidestep litigation for each and every injury occurrence.
Are there exceptions?
Of course, if you have evidence that your employer was actively trying to injure you on the job, this is a different matter. In the event that you believe that your employer was acting out of malice, you may indeed sue for an intentional tort.
An example would be if you suffered physical abuse from a superior at work. In this instance, you could then bring an intentional tort against your employer for battery. If your employer inflicted emotional distress on you, this would also fall under intentional torts. Suffering fraud or defamation at the hands of your employer is also grounds for an intentional tort.