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warehouse managerWorker's compensation is a type of insurance that pays benefits to employees who are injured or fall ill while performing a job. It can cover the cost of medical treatment, rehabilitation and lost wages during recovery. But can a worker choose instead to sue his or her employer?

The answer is usually no. Worker's comp essentially acts as a bargain between a business and its employees in which employees forgo the right to a lawsuit in lieu of receiving guaranteed benefits. This is advantageous to both employers, who generally don't have to worry about being sued for an injury, and for workers, who don't have to worry about financially surviving the duration of a lawsuit, in which the outcome may not work in their favor.

However, there are some exceptions in which an employee can sue his or her employer. A lawsuit can come to fruition if an employer assaults a worker, intentionally causes a worker emotional distress, intentionally exposes a worker to a hazardous condition, discriminates against a worker, sexually harasses a worker etc.

States have varying laws in regards to these exceptions, comprised of situations in which an employer intentionally or maliciously injures an employee. While some states will allow a lawsuit under certain circumstances, other states may instead award additional monetary benefits under worker's compensation.

If a worker files for worker's compensation following a work injury and his or her employer retaliates by means of demotion or termination, that worker then has the right to file a lawsuit. Workers who experience one of these exception scenarios should speak with an attorney before actively pressing charges.

Protect your company and its workers today. Call Silver Coast Insurance at (909) 877-2200 for more information on Rancho Cucamonga workers comp insurance.
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