Workers’ compensation laws generally prohibit employees from suing their employers for personal injury claims. Injured workers in this situation are limited to the benefits available under workers’ comp, which can often be significantly less than what one could receive through a civil lawsuit. However, it is important to understand that this prohibition is not as absolute as it may seem. There are, in fact, several circumstances under which a worker injured on the job can successfully sue their employer for negligence beyond the coverage of workers’ compensation law.
Workers’ compensation laws only apply between “employers” and “employees.” However, just because your boss calls you an employee does not mean this is legally the case. Instead, there are numerous factors one must consider when making the determination of whether your count as an “employee” in the eyes of the law:
- The degree of control the “employer” exercises,
- Whether the worker can quit or be discharged at will,
- Whether the work performed is part of regular business or a special project,
- Whether the worker can make decisions about how the work is performed that affect profit or loss for the business,
- Whether the worker is paid for their time or at “piece rate”,
- Whether the worker furnishes his or her own tools,
- Whether the worker has a substantial investment in the work.
Workers who do not meet the legal definition of an “employee” may actually be legally considered independent contractors and therefore may not be eligible to receive workers’ compensation benefits. This also means that such workers have the right to sue if they are injured through the negligence of their “employers.” Therefore, if you are injured on the job and have a suspicion that you may not qualify as an employee, it may be worthwhile to have your case evaluated by an expert personal injury lawyer at Clements, Taylor, Butkovich & Cohen LPA, Co. Here in Cincinnati, we can help to advise you of your rights and make sure that you are protected in whichever capacity you should be by the law.