Can an employer ever be sued yet still have to provide workers compensation benefits for the same injury or illness?
Yes. Some situations may leave employers open to lawsuits while still having to provide workers’ compensation benefits. For example, if the employer acts intentionally or recklessly in injuring an employee it is probably also vulnerable to being sued. Liability in court may also incur when, by violating a statute or regulation, the employer puts an employee in danger and an injury occurs. Suits arising out of discrimination, sexual harassment or similar nonphysical harm could leave the employer open to suit.
