Can I sue my employer for a workplace injury?
Answer
No, you cannot sue your employer for a workplace injury. Under the exclusivity provisions of the Rhode Island Workers’ Compensation Act, lawsuits against employers are prohibited, regardless of whether your employer was negligent or at fault. Instead, your only remedy is to pursue workers’ compensation benefits through your employer’s insurance. A workers compensation lawyers in Rhode Island team can explain how these exclusivity rules work and what benefits you may be entitled to. You don’t receive pain and suffering or other non-economic damages like you would in a traditional injury case, but the trade-off is that you also don’t need to prove negligence—only that you were injured at work. You can review our Rhode Island workers comp attorney for a clearer breakdown of what benefits are available. Many workers are confused when they see a legal caption listing their name “versus” their employer’s name, but this is simply how petitions for workers’ compensation benefits are filed—it does not mean you are suing your employer. It may help to understand how workers’ comp applies when dealing with co-worker injury or being injured by co-worker on the job.