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Can I sue my employer for my injuries?

On Behalf of | Dec 2, 2020 | Workers' Compensation Blog Post |

Sustaining an injury on the job and being unable to work as a result is many people’s worst nightmare. Fortunately, the Virginia workers’ compensation system entitles you to approximately 66% of your regular wages if you suffer an injury on the job.

However, many people wonder if they can simply sue their employer for their injuries rather than accept workers’ compensation payments. According to FindLaw, in the majority of cases you will not be able to sue your employer for injuries due to workers’ compensation being a no-fault system.

What is a no-fault system? 

A no-fault system is exactly what it sounds like: a system designed to resolve problems without putting the blame directly on anybody. Workers’ compensation reduces the potential for litigation between injured workers and companies. Under workers’ compensation, the company pays the worker no matter who was at fault for the injury.

This system prevents workers having to prove that their injuries were a result of the company’s negligence. It saves both parties time, money and frustration. Not to mention, without workers’ compensation the worker could be at extreme disadvantage. It is likely that a company has more resources and access to legal assistance and protection as compared to an individual worker.  

Is there any time when I can sue my employer for work-related injuries? 

Yes. If you have reason to believe that your employer intentionally tried to cause you harm on the job, it is possible to sue. For example, workers’ compensation Insurance does not cover assault, battery or false imprisonment. It also does not cover the intentional infliction of emotional distress.