Can I Sue My Employer If I’m Receiving Workers’ Compensation Benefits?

Typically, no. Workers’ compensation is often the exclusive remedy for job injuries. However, exceptions exist, like employer misconduct.


Can I sue my employer if I’m receiving workers’ compensation benefits? It’s a question that lingers in the minds of countless employees who’ve sustained injuries on the job. The answer, however, is more complex than one might think. If you’re in St. Louis or the surrounding regions, understanding this topic can prove crucial for your next steps.

What Is Workers’ Compensation?

Before diving deep into the question, it’s essential to understand the basics of workers’ compensation. When an employee is injured while on the job, workers’ compensation benefits serve as a safety net, offering medical expenses coverage and compensation for lost wages, among other benefits. Typically, in accepting these benefits, you forgo your right to sue your employer for negligence. It’s a trade-off that’s meant to provide quick financial aid to injured workers.

So, Can You Sue?

Generally, once you accept workers’ compensation benefits, you cannot sue your employer for the injuries you sustained. This is because workers’ compensation is often deemed an “exclusive remedy,” which means it’s the only source of compensation for job-related injuries.

However, there are exceptions:

  1. Intentional Acts or Misconduct: If an employer deliberately causes harm or if their behavior is exceptionally reckless, a worker might have grounds to file a lawsuit outside of the workers’ compensation system.
  2. Third-party Lawsuits: If someone other than your employer (like a contractor or equipment manufacturer) contributed to your injury, you might be able to file a lawsuit against that third party. It’s a way to seek compensation beyond what workers’ compensation offers.
  3. Insufficient Coverage: In some cases, the benefits provided by workers’ compensation might not cover all the costs related to your injury. In these instances, exploring other legal avenues might be necessary.

The Importance of Legal Advice

The complexities surrounding the question, “Can I sue my employer if I’m receiving workers’ compensation benefits?” make it clear why obtaining legal counsel is vital. Without the proper guidance, it can be challenging to understand your rights, exceptions, and the optimal course of action for your specific situation.

For those in St. Louis and the surrounding areas, the Law Office of James M. Hoffmann offers the guidance you need. With over 30 years of experience and having dealt with thousands of cases, our team is well equipped to help you navigate the intricacies of workers’ compensation and its relation to potential lawsuits. Our experience and knowledge of the system ensure you won’t be left in the dark when making pivotal decisions about your future.

Why Choose the Law Office of James M. Hoffmann?

  1. Extensive Experience: With more than three decades in the field, the team at the Law Office of James M. Hoffmann has encountered almost every scenario imaginable when it comes to workers’ compensation. This depth of experience ensures that you’re getting guidance from individuals who’ve seen it all.
  2. Personalized Approach: Every case is unique, and the professionals at the Law Office of James M. Hoffmann understand this. We tailor our approach to meet the specific needs and circumstances of each client.
  3. Available 24/7: Injuries and concerns don’t operate on a 9-to-5 schedule.
  4. Free Consultation: Unsure about your next steps? The Law Office of James M. Hoffmann offers a free consultation to help you understand the merits of your situation without any financial obligations.

St. Louis Workers Compensation Lawyer

So, “Can I sue my employer if I’m receiving workers’ compensation benefits?” While the general answer is ‘no,’ it’s crucial to remember the exceptions and intricacies that might apply to your specific situation. Navigating the world of workers’ compensation and potential lawsuits requires a clear understanding and reliable guidance.

Don’t navigate these waters alone. If you’re in St. Louis, consider reaching out to a St. Louis workers compensation attorney at the Law Office of James M. Hoffmann. With a legacy of success and an unwavering commitment to clients, we’re the go-to choice for those seeking clarity on workers’ compensation concerns.

For your free consultation and to address your concerns, remember we’re available 24/7. Reach out and ensure you’re making the right choices for your future.

Speak With a Workers Comp Attorney

Give us a call 24/7 for a FREE Case Evaluation

Call (314) 361-4300
Updated: September 15, 2023