Can I Sue

Since a claim under the workers' compensation system provides the employee with the sole remedy for injury or illness arising out of the course of employment (strict liability - no need for the employee to prove fault or negligence), you are typically prohibited from bringing a separate lawsuit for negligence against your employer.

However, this does not preclude the bringing of a lawsuit against third parties who are responsible for your injury. For example, if you are injured at work but someone outside your company caused the accident (e.g. ,an employee of another contractor on the job negligently injures you), you may sue that other contractor for the negligence of its employee.

If your injury is not one that is compensable under Kentucky workers Compensation you may in that instance pursue an action against your employer. In that event the usual requirements that you prove the fault of the person who caused your injuries will apply.

One of our experienced attorneys can answer your questions and help you pursue all available remedies.