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Why can’t most injured workers sue their employers?

On Behalf of | Jul 17, 2024 | Workplace Injury |

When workers suffer injuries on the job, their initial reaction might be to consider suing their employer for damages. However, in most cases, injured workers cannot directly sue their employers due to how the workers’ compensation system in Connecticut operates. 

The workers’ compensation system is designed to provide timely and certain benefits to injured employees while limiting employers’ liability. To compel employers to invest in workers’ compensation coverage, the state largely shields them from the risk of being sued by their injured employees. 

Workers’ compensation is usually an “exclusive” remedy

One of the fundamental principles of workers’ compensation laws is the “exclusive remedy” provision. This provision states that workers’ compensation benefits are the only remedy available to employees injured on the job, outside of lawsuits aimed at holding third parties other than employers accountable for harm. This means that workers cannot sue their employers directly for workplace injuries. However, they may be empowered to sue anyone else whose negligence or intentional conduct contributed to the cause(s) of their harm. 

The fact that workers’ compensation is largely treated as an exclusive remedy in workers’ compensation cases serves several purposes for employees and employers alike. They include:

  • Prompt compensation: It helps to ensure that injured workers receive timely financial support and medical treatment without the delays traditionally associated with litigation.
  • Predictable costs: It provides employers with predictable costs for workplace injuries, as they pay insurance premiums rather than facing the risk of unpredictable jury awards.
  • Minimized litigation risk: It reduces the burden on the court system by handling most workplace injury claims through an administrative process.

With all of this said, there are some exceptions where an injured worker may be able to sue their employer directly. They include scenarios in which an employer intentionally harms a worker, and when employers fail to invest in legally required workers’ compensation coverage. 

The exclusive remedy approach is not a perfect system. As such, it is understandable that many injured workers have questions about their rights and options. Thankfully, seeking personalized legal feedback is a good way to gain informed clarity. 

 

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