If a job-related injury occurs and the employer has workers' compensation coverage, can the injured worker generally sue the employer in a civil action?

• A. Yes, always
• B. Yes, but only for certain damages
• C. No, not unless the employer is uninsured
• D. No, never

Answer: (C)

When an employer carries workers’ compensation coverage, injuries on the job are handled through the workers’ compensation system, which serves as the exclusive remedy. This means the injured worker normally cannot bring a civil lawsuit against the employer to recover damages for the injury. The only time a civil action can proceed against the employer is if the employer does not have workers’ compensation coverage (is uninsured). In that uninsured situation, the exclusive remedy rule does not apply, and the employee may sue for damages. This is why the correct understanding is that you generally cannot sue the employer if there is workers’ comp coverage, unless the employer is uninsured.