Can I Sue My Employer?

If you are eligible to file a lawsuit against your employer, you won’t be limited to the amounts provided by workers’ compensation insurance. In addition to lost wages, medical expenses, and permanent impairment, you may obtain benefits for pain and suffering. Additionally, you may receive compensation for punitive damages or a lump sum many times the amount of actual damages you incurred, especially in cases of egregiously inappropriate behavior from an employer or third party.

The following include some common grounds for a lawsuit against an employer.

• Intentional Harm. If your employer has taken any action with the intent to harm you directly, you may sue them for an intentional tort. For example, an act of physical retaliation, such as punching or slapping, can be grounds for a lawsuit.
• Insufficient Workers’ Comp. If your employer does not carry workers’ compensation, not only will they be subject to fines and penalties from the state, but you may also file a personal injury lawsuit against them. Likewise, if your employers did not have a policy at the time of injury, you’re free to sue for damages, including lost wages, pain, and suffering.
• Wrongful Termination. Employers may not terminate an employee for filing a worker’s compensation claim. Doing so could be grounds for a wrongful termination lawsuit.