If your workplace injury was caused by your employer or a co-worker, the answer is usually no. There are very few exceptions to the rule. One exception exists if your employer did not have workers’ comp insurance at the time of your injury. When that is the case, you can sue your employer or choose to get workers’ comp benefits through the Special Fund Division/No Insurance section of the ICA. However, you can’t do both.
You have the right to reject coverage under the workers’ comp system, but you must do so in writing and before your injury occurs. If you reject coverage before your injury, you do have the right to sue your employer for negligence. You also have the right to sue if your employer did something knowingly and purposely with the intention of injuring you. However, you cannot sue your employer or co-worker simply because they intentionally performed an act that caused your injury.
