Can I Sue My Employer?

In most cases, no.

The exceptions are where the employer does not have workers’ compensation insurance and a direct action lies against such employer. Further, where the employer has manifested an intention to hurt the employee, then the employee has a direct action against the employer. Finally, the employee may have a direct action against the employer where the employer has provided a defective product, even though manufactured by another entity. In products liability cases, anyone along the chain of distribution can be sued.

The Connecticut workers’ compensation system is a no fault system. That means that no one needs to be responsible for having caused an injury. The corollary is that the claimant cannot bring an action against the employer, even though the employer may have been at fault for creating the conditions that lead to the claimant’s injuries. By way of example, if a claimant slips and falls because of the employer’s failure to remove snow from a slippery sidewalk, the employee cannot sue the employer. However, in the same scenario, if the land is owned by someone other than the employer, the injured employee can bring a negligence claim directly against the owner of such property.

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