Workers’ compensation provides important benefits after a workplace injury, but it also limits your legal options. In most cases, it’s the exclusive remedy for injured employees, meaning you can’t sue your employer. Still, there are situations where you may have the right to step outside the workers’ comp system and bring forth a lawsuit.

This article explains when this may be possible, the legal exceptions that apply, examples of how these cases unfold, and why working with an experienced workers’ comp lawyer can make a significant difference.

How Workers’ Compensation Usually Works

Most state workers’ compensation systems operate on a no-fault basis. You receive benefits without having to prove your employer was negligent, and your employer is generally shielded from lawsuits related to the injury.

These benefits can include:

• Medical care for your work-related injury or illness
• A portion of lost wages during recovery
• Permanent disability benefits if you have permanent impairments
• Vocational retraining in certain situations

While the system provides a safety net, it typically does not cover non-economic damages like pain and suffering, nor does it replace your full wages. This is why some injured workers explore whether a lawsuit is possible.

Situations Where You Might Sue Outside of Workers’ Comp

State laws vary, but these are the most common exceptions that could allow you to bring a lawsuit in addition to—or instead of—workers’ comp.

Injuries Caused by Third Parties

If someone outside your workplace—such as a negligent driver, a contractor, or a property owner—causes your injury, you may have a personal injury claim. For example, a construction worker hit by a delivery truck driven by an employee of another company could pursue both workers’ comp and a lawsuit against that company.

Third-party claims can also arise if you’re hurt while traveling for work, visiting another company’s property, or working alongside employees of other contractors.

Defective Products or Equipment

If a faulty machine, tool, or piece of safety equipment injures you, you may have the option to file a product liability lawsuit against the manufacturer or distributor. These cases often require expert testimony to show the defect and prove how it caused your injury.

This can apply to heavy machinery, power tools, safety harnesses, or even protective gear like helmets or gloves.

Exposure to Toxic Substances

If your illness or injury stems from exposure to dangerous chemicals or hazardous materials, you might have a toxic tort claim against the manufacturer or supplier. This can include both long-term diseases like asbestosis and acute injuries from chemical spills.

Workers in manufacturing, construction, agriculture, and industrial cleaning are particularly at risk for toxic exposure.

Employer’s Intentional Misconduct

If your employer deliberately disregarded safety laws or intentionally created dangerous conditions—such as disabling protective devices on machinery—you may be able to sue. This requires strong evidence and is often difficult to prove.

An example could be an employer knowingly ordering employees to work in a structurally unsafe building.

Employer Without Workers’ Comp Coverage

If your employer was required to have workers’ comp insurance but didn’t, you may have the right to sue them directly for damages. This often opens the door to full personal injury damages, including pain and suffering.

Dual Capacity Doctrine

Some states allow lawsuits against an employer if they had another legal role in your injury, such as being the manufacturer of a defective product that hurt you.

Additional Scenarios Worth Considering

Other less common but possible scenarios include:

• Contractor and subcontractor disputes: On multi-employer job sites, an injury caused by someone working for another company may lead to a lawsuit against that company.
• Public entity liability: If unsafe public property caused your injury, you may be able to file a claim under your state’s tort claims act. These cases often have strict notice requirements.
• Negligent maintenance by outside vendors: If a third-party maintenance company’s negligence caused your injury, you may have a claim against them.
• Motor vehicle accidents while working: If you’re injured in a traffic collision caused by a non-coworker while driving for work, you could have both a workers’ comp and a civil claim.

Why Suing Outside Workers’ Comp Can Be Significant

The potential recovery in a lawsuit is much broader than what workers’ comp offers. A personal injury case may allow you to seek:

• Pain and suffering
• Full wage loss and reduced future earning capacity
• Emotional distress
• Loss of enjoyment of life
• Punitive damages in extreme misconduct cases

These additional damages can make a huge difference, especially if you face permanent limitations.

Legal Deadlines and How Claims Interact

If you plan to sue outside of workers’ comp, you must act quickly. Statutes of limitations vary depending on the state and type of claim. Missing a deadline can permanently bar your case.

If you recover money in a lawsuit after receiving workers’ comp benefits, your workers’ comp insurer may have the right to be reimbursed for what they’ve paid. Coordinating both claims carefully is important.

In some cases, failing to follow the proper notice procedures—particularly for claims against government entities—can result in losing the right to sue.

How a Workers’ Compensation Attorney Can Help

An experienced workers’ compensation attorney can:

• Investigate your injury and gather evidence
• Identify all potential defendants
• Consult with experts on product defects or toxic exposure
• Manage communication with insurers and opposing counsel
• Ensure all deadlines are met and claims are aligned strategically
• Evaluate the interaction between your workers’ comp claim and any lawsuit to maximize your recovery

They can also advise whether your case meets one of the narrow exceptions to workers’ comp immunity and help you pursue the maximum recovery possible.

Call Brandon J. Broderick For Legal Help

If you’ve been hurt at work, you may have more options than you think. At Brandon J. Broderick, Attorney at Law, we’ll review your case, explain your legal choices, and work to secure the full compensation you deserve—whether through workers’ comp, a third-party lawsuit, or both.

Contact us today for a free consultation and take the first step toward protecting your health, your rights, and your financial future.