Work comp lawsuits are generally taken up with the insurance company that’s paid by your employer, not the employer themselves. However, in certain cases of serious negligence, a lawsuit may be filed against the employer directly. Examples of this would be extremely dangerous working conditions that resulted in injuries, or prolonged exposure to toxic chemicals (i.e. asbestos) that caused chronic and/or deadly health conditions.

Depending on the scenario, there may also be a lawsuit filed against a third party – for example, let’s say a vendor was moving a piece of heavy equipment into the office where you work, and it tipped over and fell on your foot, causing major injuries and causing you to have surgery on your foot. You would have a potential personal injury lawsuit against the third party, in this case your vendor, to recoup your losses in for medical bills, loss of income, and pain & suffering.

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