In most cases, when you are injured in the workplace, you can file a workers' compensation claim and receive financial and medical support until you are ready to return to work. However, there are some limited situations in which you can sue your employer to recover compensation. If you are considering a lawsuit against your employer, here is what you need to know. 

When Can You Sue Your Employer?

Workers' compensation benefits are designed to provide protection to employers. The idea is that if the insurance is in place, injured employees can receive support while not financially hurting the employer. However, there are two instances in which you can directly sue your employer. 

If your employer does not have workers' compensation insurance or has an insufficient amount, you can file a lawsuit. Unless you live in the state of Texas, your employer is required to carry some form of insurance. As a result, if your employer is not covered, a lawsuit can help you get the compensation needed to pay your medical bills and cover your financial losses while you are unable to work.  

Another situation in which you can hold your employer directly responsible for your injuries is if you can prove it intentionally hurt you. For instance, if your supervisor struck you and caused you to fall and injure yourself, this is considered an intentional injury. 

What Can You Sue For?

Since you are filing a lawsuit out of the confines of workers' compensation benefits, you are not limited in what damages you can claim. Not only can you sue for compensation to cover your lost wages and medical bills, but you can ask for punitive damages. The inclusion of punitive damages is significant considering that you cannot receive it in a workers' compensation claim to your employer's insurance company. You can also sue for other damages that are typically seen in personal injury cases, such as pain and suffering. 

What Do You Have to Prove?

What you have to prove depends on the basis for your claim. For instance, if you are claiming that the injuries caused were intentional, you have to prove that the actions of your employer were intentional. Using the previous example, you could ask witnesses to testify that your supervisor deliberately hit you and this directly led to your injuries. Unless the actions that caused you harm were blatantly obvious, you could face trouble making your case.  

The best way to determine if you can sue your employer is to review the facts of your case with an attorney from a firm like Hamilton Law Firm, P.C.