If you are injured on the job, you are able to retrieve the compensation from your employer through workers’ compensation (of course it depends on the case). Considering all employers have workers’ compensation insurance, you are able to file a regular lawsuit for damages related to a workplace injury or illness. Below are some examples of when you are eligible to sue:
- Your employer is found liable for one of the following: battery, assault, false imprisonment, intentional infliction of emotional distress, fraud, defamation, invasion of privacy, conversion, or trespass.
- Your employer does not have workers’ compensation
- In the event that your employer does not have workers’ compensation insurance, you can collect benefits from the Worker’s Compensation Trust Fund (WCTF). You are also able to sue your employer for not having workers’ compensation insurance even after collecting from the WCTF.