As a general rule, injured employees who file workers' compensation claims are waiving their right to file a lawsuit against their employers. It is a bit of a "catch-22," as employees are also legally required to file such claims before they can seek other legal remedies. In other words, suing over a work-related injury is usually simply not an option.

There are some circumstances, however, in which an employee may be able to seek compensation through a legal claim in addition to workers' compensation benefits. These circumstances include:

Employer abuse or egregious negligence. If an employer deliberately assaults a worker, the injured party can pursue a civil claim in addition to criminal charges. Cases of extreme negligence can also sometimes be grounds for additional legal action, although these cases are rare and can be difficult to pursue.

Injuries caused by product defect. If a worker is harmed by a defective tool, piece of safety equipment, or other product, its manufacturer may be liable for his or her related losses. This is because companies that produce or sell items have an inherent responsibility to make sure these items are safe for their intended uses. When they fail to meet this responsibility, they have a duty towards people who have suffered the consequences.

Accidents on other premises. Some jobs, such as repairs or deliveries, require workers to visit third party premises. If these premises are not adequately maintained, major accidents can occur. Depending on the details, these accidents can be grounds for premises liability lawsuits against negligent property owners.

Negligence or malice on behalf of another worker. When an employee from another business causes harm to a worker, the injured party may be able to pursue a claim against the negligent employee, or his or her employer. In some cases, injured workers may pursue claims against negligent employees from their own companies. However, these cases are usually limited to cases of deliberate malice or extreme neglect.

In circumstances like these, injured people may be able to win compensation for their medical expenses, missed work, pain and suffering, and other losses from the parties responsible for their injuries. However, pursuing such damages can be difficult. In order to be successful, you need clear evidence that: the defendant owed you a certain level of care; he or she failed to meet his or her responsibility; this failure directly caused your injures; your injuries are significant.

To learn more, contact a workers' compensation lawyer.