Published by Workplace Injury Lawsuit Overview
Workplace injury lawsuits allow employees to seek compensation beyond workers' compensation benefits when employers act negligently or commit intentional acts that cause harm.
These lawsuits typically involve situations where employer immunity under workers' compensation laws does not apply.
Primary allegations include deliberate assault, fraudulent concealment of workplace hazards, failure to maintain required insurance, and removal of safety equipment.
According to the U.S. Bureau of Labor Statistics, private industry employers reported 2.8 million nonfatal workplace injuries and illnesses in 2022, marking a 7.5 percent increase from the previous year [1].
Latest Workplace Injury Legal Developments
- 2025 – Courts continue to recognize exceptions to employer immunity, particularly in cases involving deliberate safety violations and failure to maintain workers' compensation insurance coverage [2].
- 2023 – Increased focus on respiratory illness cases, which surged by 35.4 percent to 365,000 cases in 2022, creating new avenues for workplace injury litigation beyond traditional workers' compensation claims [3].
What is Workers' Compensation?
According to NationWide org. workers' compensation insurance is a crucial safety net that provides medical and wage benefits to individuals who are injured or fall ill at their workplace.
This insurance coverage is mandated by each state, and the specific benefits regarding wages and medical care can vary [4].
Regarded as a form of social insurance, workers' compensation is founded on a mutual agreement between employers and employees.
In exchange for employers purchasing workers' compensation insurance, they are shielded from civil lawsuits by injured workers. However, both parties have limitations to their benefits under this system.
Workers’ compensation insurance is purchased by businesses and is underwritten by insurance companies and, in some states, underwritten by publicly supported state funds.
Workplace Injury Statistics and Impact
Key Statistics from Bureau of Labor Statistics:
- 2.8 million nonfatal workplace injuries and illnesses reported in 2022
- 7.5% increase from previous year
- 2.3 million injury cases (4.5% increase)
- 460,700 illness cases (26.1% increase)
- 365,000 respiratory illness cases (35.4% increase)
Economic Impact:
- 2.2 million cases involved days away from work
- Median 10 days away from work required
- 1.1 million cases involved job transfer or restriction
- Median 15 days of job transfer or restriction
When You Can Sue Your Employer Beyond Workers' Compensation
According to G&R, workers' compensation laws establish "employer immunity" because employers are required to pay workers' compensation benefits regardless of fault rather than requiring employees to prove that the employer was negligent [5].
However, there are exceptions to this employer immunity rule.
Here are some examples of situations where you might be able to sue your employer:
- Deliberate Assault: Injury from employer's intentional assault or condoning assault by another employee
- Fraudulent Concealment: Injury worsened due to employer's deliberate concealment of injury and job connection
- Defective Product: Injury from defective product manufactured by employer, acquired from another source
- No Workers' Compensation Insurance: Employer failed to maintain required coverage
- Safety Equipment Removal: Injury from power press with knowingly removed machine guards
Do You Qualify for a Workplace Injury Lawsuit?
You may qualify for a workplace injury lawsuit if:
- You were injured at work due to your employer's intentional acts or gross negligence
- Your employer did not have required workers' compensation insurance
- Your injury was caused by deliberately removed safety equipment
- Your employer fraudulently concealed the work-related nature of your injury
- You can provide medical documentation linking your injuries to employer misconduct
Evidence Required for a Workplace Injury Lawsuit
Essential Documentation:
- Medical Records: Complete treatment history and injury documentation
- Employment Records: Proof of employment and job duties
- Incident Reports: Workplace injury reports and safety violations
- Witness Statements: Testimony from coworkers who witnessed the incident
- Safety Equipment Documentation: Evidence of removed or missing safety guards
Damages You Can Recover
Unlike workers' compensation, workplace injury lawsuits can include:
- Medical Expenses: Full reimbursement for all treatment costs
- Lost Wages: Complete compensation for lost income
- Pain and Suffering: Compensation for physical and emotional distress
- Punitive Damages: Additional damages for employer's egregious conduct
- Future Medical Costs: Long-term care and treatment expenses
What to Do After a Workplace Injury
According to DIR, workers' compensation benefits are designed to provide you with the medical treatment you need to recover from your work related injury or illness, partially replace the wages you lose while you are recovering, and help you return to work.
Workers’ compensation benefits do not include damages for pain and suffering or punitive damages, [6].
However here are immediate steps you should take:
- Report Immediately: Notify your supervisor within 30 days to preserve workers' compensation rights
- Seek Emergency Treatment: Call 911 if necessary and inform medical staff the injury is work-related
- Document Everything: Gather evidence of safety violations or employer misconduct
- Consult Legal Counsel: Determine if your case qualifies for lawsuit beyond workers' compensation
Statute of Limitations for Workplace Injury Lawsuits
Time Limits Vary by State:
- Personal Injury Claims: Typically 2-3 years from injury date
- Workers' Compensation: Usually 30 days to report, 1-2 years to file claim
- Third-Party Claims: May have different deadlines depending on circumstances
Important: Time limits are strict and vary by jurisdiction. Consult with an attorney immediately to preserve your rights.
Related Article: Helpful Tips to Improve the Chances of Winning a Workers' Comp Case
FAQs
1. Can I sue my employer if I'm already receiving workers' compensation?
Generally, no, due to employer immunity. However, exceptions exist for intentional acts, gross negligence, or when employers lack required insurance coverage.
2. What if my employer doesn't have workers' compensation insurance?
You may be able to sue your employer directly in civil court for the full value of your damages, including pain and suffering.
3. Can I receive compensation for emotional distress in a workplace injury lawsuit?
Yes, unlike workers' compensation, workplace injury lawsuits can include compensation for emotional distress and mental suffering.
4. How long do I have to file a workplace injury lawsuit?
This depends on your state's statute of limitations, typically 2-3 years for personal injury claims, but consult an attorney immediately as deadlines vary.
5. What if my workplace injury caused permanent disability?
Workplace injury lawsuits can provide significantly more compensation than workers' compensation for permanent disability, including full lost future earnings.
6. Can independent contractors sue for workplace injuries?
Yes, independent contractors typically aren't covered by workers' compensation and can sue for negligence if injured due to unsafe conditions.
7. How do I prove my employer acted intentionally or negligently?
Evidence includes safety violation records, witness testimony, documentation of removed safety equipment, and expert testimony about industry standards.
8. What's the difference between workers' compensation and a workplace injury lawsuit?
Workers' compensation provides limited benefits regardless of fault, while lawsuits can provide full damages, including pain and suffering, when employer immunity doesn't apply.
9. Can I sue a third party for my workplace injury?
Yes, you can sue equipment manufacturers, contractors, or other parties whose negligence contributed to your injury, even while receiving workers' compensation.
10. How do I find the right lawyer for my workplace injury case?
Look for attorneys specializing in workplace injury law with experience in cases similar to yours and a track record of successful outcomes.
Get a Free Lawsuit Evaluation With Our Lawyers
The Litigation Group at Schmidt & Clark, LLP is an experienced team of trial lawyers that focuses on the representation of plaintiffs in lawsuits. We are handling individual litigation nationwide and currently accepting new legal challenges in all 50 states.
If you or a loved one was involved with these matters, you should contact our law firm immediately for a free case evaluation. You may be entitled to a settlement by filing a suit and we can help.
References
- https://www.bls.gov/news.release/pdf/osh.pdf
- https://wecanmag.com/what-employees-should-know-about-workplace-injury-law-in-2025/
- https://www.bls.gov/news.release/archives/osh_11082023.pdf
- https://www.nationwide.com/lc/resources/small-business/articles/what-is-workers-compensation-insurance
- https://www.greenbergrubylaw.com/when-can-i-sue-work-injury#immunity
- https://www.dir.ca.gov/dwc/injuredworker.htm