Hurt at work: can I sue or only file workers' comp?

Updated October 6, 2026 · General information, not professional advice

Hurt at work: can I sue, or only get workers' comp?

If you're hurt at work, can you sue your employer? In most cases, no. Workers' compensation is a trade-off: you get benefits without having to prove anyone was at fault, and in exchange your employer is generally protected from lawsuits. Lawyers call this the exclusive remedy rule.

Workers' comp typically pays:

• All reasonable and necessary medical care for the work injury
• Partial wage replacement while you can't work, often about two-thirds of your average weekly wage up to a state maximum
• Benefits for permanent impairment
• Death benefits to dependents

Workers' comp does not pay for pain and suffering. That is why the exceptions below matter.

Workers' comp generally covers injuries that arise out of and in the course of your job. That includes many injuries on work premises, while traveling for work, or doing tasks for your employer. Commuting to and from work is usually not covered, though there are exceptions. Benefits typically begin after a short waiting period set by state law.

When you can sue in addition to workers' comp

• A third party caused it. You can usually sue someone other than your employer: a negligent driver if you were hurt driving for work, the maker of a defective machine, a property owner, or a subcontractor on a job site. You can collect workers' comp and pursue the third-party claim at the same time, though the comp insurer usually gets repaid from that recovery.
• Your employer had no workers' comp insurance when it was legally required. Many states then let you sue the employer directly or claim from a state fund.
• Texas nonsubscribers. Texas lets most private employers opt out of workers' comp. Employees of these "nonsubscribers" can generally sue for negligence.
• Intentional harm. Some states allow suits when an employer deliberately injures a worker or acts with near-certain knowledge injury will occur. The standard is strict.
• Misclassification. If you were labeled an independent contractor but treated like an employee, you may still be entitled to comp benefits.

Special rules for some workers

Federal employees are covered by the Federal Employees' Compensation Act, not state comp. Longshore and harbor workers have a separate federal program. Railroad workers and seamen are generally covered by federal laws that let them sue their employers for negligence instead of using workers' comp. Private-sector and state and local government workers file with their state workers' compensation agency.

Steps after a workplace injury

1. Get medical care. Tell the provider the injury happened at work.
2. Report the injury to your employer in writing right away. Notice deadlines vary by state; in California and Texas, for example, you generally must notify your employer within 30 days.
3. File a claim with your employer's insurer or your state agency. Filing deadlines are often 1 to 2 years but vary.
4. Write down how it happened and who saw it.
5. Keep copies of every form, bill and letter.
6. Report unsafe conditions to OSHA if needed. Retaliating against workers for reporting injuries or safety concerns is illegal.

Common work injuries and how they are handled

• Falls and lifting injuries: usually workers' comp only, unless defective equipment or another company's worker was involved.
• Driving for work: workers' comp plus a possible claim against the at-fault driver.
• Construction site injuries: often involve subcontractors, property owners or equipment makers who can be sued.
• Repetitive strain and occupational illness: usually covered by comp, but deadlines may run from when you knew the condition was work-related.

Getting help with a work injury claim

Workers' comp claims are often denied or disputed, especially for back injuries, repetitive-strain injuries and occupational illness. Workers' comp lawyers' fees are usually capped by state law or approved by a judge. If a third party was involved, an injury lawyer can look at that separate claim. injurylawyers.si can list injury law firms near your ZIP code. This is general information, not legal advice; check your state workers' compensation agency for your exact rules.