Under workers' compensation, can a worker bring a civil action against the employer for a job-related injury when the employer is insured?

Under workers' compensation, can a worker bring a civil action against the employer for a job-related injury when the employer is insured?

• A. Yes, in all cases
• B. No, unless the employer is uninsured
• C. Yes, but only for punitive damages
• D. Yes, if the injury is fatal

Answer: (B)

The main idea is that workers’ compensation acts as the exclusive remedy for job-related injuries when the employer has valid workers’ compensation insurance. If the employer is insured, the injured worker cannot sue the employer in civil court for damages; they receive benefits through the workers’ compensation system instead. The only time a civil action against the employer is allowed is when the employer does not carry the required workers’ compensation insurance. In that uninsured scenario, the worker may pursue a civil lawsuit for damages. So, with an insured employer, you cannot bring a civil action, which makes the choice stating you can sue only when uninsured the correct one.

The main idea is that workers’ compensation acts as the exclusive remedy for job-related injuries when the employer has valid workers’ compensation insurance. If the employer is insured, the injured worker cannot sue the employer in civil court for damages; they receive benefits through the workers’ compensation system instead. The only time a civil action against the employer is allowed is when the employer does not carry the required workers’ compensation insurance. In that uninsured scenario, the worker may pursue a civil lawsuit for damages. So, with an insured employer, you cannot bring a civil action, which makes the choice stating you can sue only when uninsured the correct one.