In the vast majority of cases, you cannot sue your employer if Workers’ Compensation covers your injury. Does that mean you have to settle for less than you deserve?
Workers’ comp has some restrictions. However, there are other people who could have contributed to your injury — people whom this law does not protect.
Was there a faulty product?
As FindLaw explains, some of the most common types of accidents on construction sites are scaffolding injuries. Scaffold manufacturers and installers are good examples of third-party companies that could have contributed to your injury.
Who is your employer? Is it the same company that made the faulty scaffolding or installed it incorrectly? Probably not — and that means that those entities would not benefit from workers’ comp protections.
Was there an unsafe environment?
You might also work in a situation where there are multiple different companies operating in a more or less parallel environment. This could create a complex network of contractors, subcontractors, site owners and employers.
In these types of situations, multiple people might have a duty to create and maintain a safe environment. If some of them filled in their duty, and if this failure led to your injury, you could have a basis on which to begin a personal injury case.
In general, people might tell you that you do not have a claim. They might tell you that a lawsuit could affect your Workers’ Compensation benefits. Do these people have the ethical obligation and legal knowledge they need to be trustworthy advisors? Do you really have a case? The only way to know for sure would be to look at the details of your situation in the context of the appropriate state and federal laws.