Can I sue my employer or a coworker for causing my accident?

Generally, no. Before workers compensation plan were adopted in the early 1900s, injured workers had to sue their employers for recovery of bills and lost pay. Many employees lost their cases and recovered nothing, and even those who “won” had to wait years for benefits. The workers gave up their right to sue the employers for negligence in exchange for no-fault recovery for accidents that occurred in the course of employment. Employers, in exchange, received immunity from negligence suits. The only small exception is when the employer intentionally injures the worker, such as a physical assault.

Testimonials

“We hired Mr. Kinney to help my husband, Dave Hunt, with his workers compensation case. Mr. Kinney has been very great to us when we failed to argue our case in front of the judge. He represented Dave and he was able to secure his WC benefits and the…”

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