Can I take a company to court for injury even if they paid into workerscomp?
2 attorney answers
When the employer has real workers' compensation coverage, then they are protected from lawsuits for workplace injuries. The exception is when they commit "gross negligence" and the employee dies as a result. Since you survived, there is no gross negligence claim to make. However, if they had a work injury "plan" that they called workers' comp but it wasn't really workers' comp, then maybe.
You are likely barred from seeking a recovery in Court unless you can prove that your injury was caused by your employer's gross negligence. Also, typically subsequent remedial measures are not admissible as evidence of wrongdoing.
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