Can I file a lawsuit against my employer?

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Updated: 4/13/2007 3:37 pm
If you become disabled due to a work-related injury or illness, you may be able to file a lawsuit against your employer. However, under the worker's compensation law of every state, employer's are required to provide medical care and cash benefits to replace lost wages. In return for their guarantee of compensation, employers usually receive immunity from lawsuits by injured employees. Generally, your only legal avenue is to file a claim with the State Board of Worker's Compensation. You then either receive worker's compensation or you can file a lawsuit. The state board makes the decision which option you receive. Some states, however, allow an injured employee to sue an employer over a work-related injury if the employer intentionally violated a safety standard or deliberately failed to inform workers about hazardous conditions. Injured workers who receive workers' compensation may sue a third party to the accident, such as the manufacturer of defective equipment. For more information, talk with an attorney who is knowledgeable about workers' compensation.

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