Can I sue my employer pain and suffering even if bwc case?

Asked about 4 years ago - Chillicothe, OH

I was injured on my job almost 6 years ago have not settled through bwc as of yet,I fought the company for four years for my injurys on the job after appeals after appeals won in every hearing.They sent me to who ever doctors they wanted to get one to agree with them which they would not.Now I have a life long disability from this injury and workers comp is only offering a little settlement for this injury.I can proof it is for life have 32 doctors have seen and two surgeons that will not operate due to it will only make the injury worse.I have had a very rough time trying to make ends meet and dealing with this injury is there a way to sue employer outside workers comp claim for the pain and suffering this has caused.

Attorney answers (3)

  1. Randy Grossman

    Pro

    Contributor Level 10

    Answered . Workers' compensation laws provide money and medical benefits to an employee who has an injury as a result of an accident, injury or occupational disease on-the-job. It is intended to benefit the employee and employer alike. The employee receives money (usually on a weekly or biweekly basis) and medical benefits in exchange for forfeiting the common law right to sue the employer. The employer benefits by receiving immunity from court actions against them by the employee in exchange for accepting liability that is limited and determined. The question of negligence or fault is usually not at issue. I would encourage you to consult with a licensed attorney in your state (if you haven't already done so) in order to specific information as to your rights in your state.

  2. Michael J. Helfand

    Contributor Level 16

    Answered . Generally, you cannot sue your employer for a work injury. Workers' compensation is a trade-off, where you can collect benefits regardless of fault and your employer does not have to defend a lawsuit. Sometimes, a lawsuit may exist separately, such as against a third party or if you were intentionally injured. As far as settlement, insurance companies almost always give low offers. Having an attorney usually helps. If you need a referral, let me know. 1-800-807-9530.

  3. David J. McCormick

    Contributor Level 20

    Answered . You did not state if you have an attorney. If not, I would suggest you consult with a local attorney experienced in handling worker's comp cases ASAP.

    In most situations worker’s comp is your only remedy, which means that you cannot sue your employer for pain and suffering because pain and suffering is not an available remedy in the worker’s comp. system. Given your description of what has transpired so far you need legal advise to pursue all available remedies you are entitled to, including permanent and total disability if your doctors agree.

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