Can I Sue My Employer Instead of Filing for Workers’ Compensation?

If you have been injured while on the job in Vermont, you may be wondering whether you can sue your employer instead of filing a workers’ compensation claim. That is a total valid concern, especially if you are dealing with rising medical expenses and an inability to work. So, can you skip the workers’ compensation process and go directly to suing your employer? Generally, no. Vermont law bars you from suing your employer for a work-related injury. The state’s workers’ compensation system is designed as an “exclusive remedy” for employees who are injured on the job. However, there are certain situations where it may be possible to sue your employer. Keep reading!

The Exclusive Remedy Rule

As stated already, the Vermont workers’ compensation system is designed as an exclusive remedy. This means that if you sustain a job-related injury, workers’ compensation is usually your only way to get benefits from your employer.

Vermont’s workers’ compensation system is set up to guarantee that covered employees receive benefits. The system is designed to be no-fault, meaning you don’t have to prove your employer was negligent to receive benefits. However, in return, your employer is protected from lawsuits. Even if your employer was negligent, you generally cannot sue them.

Are There Any Exceptions?

Yes, there are exceptions under Vermont’s workers’ compensation law that can allow you to sue your employer. The most direct exception is if your employer intentionally caused your injury. In such a case, you can file a workers’ compensation claim and sue your employer. However, proving intent can be difficult. Mere carelessness, recklessness, or even gross negligence may not constitute an intentional act. You must prove that your employer specifically intended to harm you.

Another exception is if your employer does not have workers’ compensation insurance. While all employers in Vermont are required to carry workers’ compensation, some don’t. Under 21 V.S.A. section 618(b), if your employer does not have workers’ compensation insurance, you can bring a civil action against the employee for full damages resulting from your work injury. In such a case, the burden is on your employer to prove that their negligence did not cause your injury, and they cannot use common defenses like assumption of risk or blaming other employees.

The Third-Party Lawsuit Option

Even if you are barred from suing your employer, you may have the option of filing a lawsuit against a third party whose negligence caused your injury. Third-party claims are vital as they can provide compensation beyond what workers’ compensation offers, including full lost wages and pain and suffering.

Examples of scenarios where you may have a valid third-party claim include;

• A negligent driver caused your accident while you were driving for work
• A defective work equipment caused your injury
• A property owner failed to keep the premises where you were working safe

You can file a third-party claim together with a workers’ compensation claim. Filling both claims can significantly increase your total recovery.

The bottom line is that in most cases, you cannot sue your employer instead of filing a workers’ compensation claim. However, there may be an exception that applies to you. And even when you cannot sue your employer, you may have other legal options.

Contact Us for Legal Help

Speak with our Vermont workers’ comp lawyer at Sluka Law PLC to help you understand your legal rights and ensure you pursue every possible avenue for recovery.