Greg Boles
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Partner at The Boles Firm | Experience Matters

If your employer or co-employee is negligent and that negligence results in your work injury, you can't sue either your employer or your co-employee for negligence.  Why does this make a difference?  In a negligence action, you can recover for pain and suffering.  In workers' comp, you cannot.  In a negligence action, you can recover for loss of future earning power.  In workers' comp, your benefits are fixed on the date of injury and they never go up.  Furthermore, there are limits on how much you can receive in wage replacement, specific loss, or other types of workers' compensation benefits.  If you are injured as a result of the negligence of someone other than your employer, you can sue that party, but the workers' comp insurance company or your employer is going to have a right to recover out of anything that you collect the benefits that they paid to you for your work injury. There are some situations in which you may sue your employer, which are described here.