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Can I Sue My Employer Outside of Workers' Comp?

Can I Sue My Employer Outside of Workers' Comp?

According to New Mexico’s Workers’ Compensation Administration, more than $317 million was paid in workers’ compensation claims in 2014. Workers’ compensation claims allow injured employees to recover lost wages, medical injuries, permanent disability, and other benefits. They do not, however, cover punitive damages, such as pain and suffering. If you have been injured on the job and want to sue your employer, there are two main ways to do this.

You may sue your employer outside of workers’ comp if:

  1. Your employer’s actions caused direct harm to you. If your employer intentionally tried to physically harm you, such as shoving or punching you, you can pursue legal action against him or her. Carelessness or negligence, however, does not allow you to pursue a personal claim against an employer, so you must prove the employer acted with intentional aggression toward you.
  2. Your employer does not have adequate compensation insurance. By law, all employers must have workers’ compensation insurance. Some employers, however, may not have adequate compensation insurance. In this situation, you may sue your employer to recover damages you need for your work-related injury.

These are two instances that allow you to sue your employer outside of workers’ compensation claims. By doing this, you may be entitled to pain and suffering and other punitive damages. If you are seeking compensation through a direct lawsuit against your employer, our experienced Albuquerque personal injury attorneys at Michael J. Doyle, Attorney at Law can provide the legal advice and assistance you need throughout the process. Our firm has handled hundreds of workers’ comp and personal injury claims, and we can use our experience to help you seek a positive solution.

Contact our firm today for a free case review.


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