If hurt on the job and insurance pay off, can you go back and sue the company for imporper training!?

Question

Was told that the no falut law may help!

Answer 1

Actually, you can sue the employer, if you can prove that the employer was truly negligent.  

Workers comp is designed as a no-fault single-remedy insurance solution, but if there is a separate issue beyond the scope of the workers comp statutes, it is possible to sue the employer.  

Of course, if you win a judgement, expect to have it taken by the Workers Comp carrier through subrogation.  And most especially, expect that the company is going to insist that their training was proper, but your ability to learn was impaired.

Answer 2

Nope.  That's the deal - the way workers comp works, is in exchange for getting NO FAULT medical and lost wages benefits, the employer is immune to lawsuits.

In some states, you can sue the employer, if you do NOT take the workers comp - that is, you pay the medical yourself, and don't take lost wages.  But then, you have to prove that the employer caused your injury, which is MUCH harder than just "oh, it happened at work".

Answer 3

dude do you're part to stop the suing culture

Answer 4

If you have already received a WC payment, then you are in the WC system. You are prevented from bring a lawsuit against your employer unless you can prove gross negligence on their behalf. That means that they forced you into a situation that they knew would cause you harm and didn't care that you would get hurt.

So, no, you can't sue them.