While the general rule is that an injured worker cannot sue his or her boss or employer for an on the job accident or disability, there are some exceptions to the rule according to workplace injury lawyer Doug Landau of ABRAMS LANDAU, Ltd.
In some cases, you may be able to sue your employer while receiving benefits. For example, if your employer retaliates against you for making a claim by demoting you, reassigning you, or cutting your hours, he or she may be culpable. These are very hard cases to prove, but if you have the boss yelling on your answering machine, "I’m firing you for bringing your workers comp claim," then you may have a winnable lawsuit. You may also have e-mails, documents or other proof that your termination was due to your pursuing your rights under the state workers comp act, such that the case could be proven in a court of law.
You could also sue your own employer if your company doesn’t offer or did not purchase workers’ comp insurance (and was required to do so under state law), though this is a rare situation. If you, or someone you know, find yourself in this kind of position, a personal injury attorney who specializes in workers’ compensation cases can help you by negotiating on your behalf with your employer, its insurance company and their defense lawyers for an out-of-court settlement. If the job accident case cannot be settled, there are time limits for filing a lawsuit for a work injury case. The time limits for such personal injury cases in Virginia, Maryland and the District of Columbia are not the same, according to Herndon workplace injury and accident lawyer Doug Landau.