If you suffered a work injury, you may believe workers’ compensation is your only financial lifeline. But that is not always the case. In some situations, you also have the right to file a personal injury lawsuit.
What the exclusive remedy rule means for you
The exclusive remedy rule is a legal principle that limits your options when you suffer a workplace injury. South Dakota law establishes workers’ compensation as your exclusive remedy against your employer. In simple terms, this rule requires you to rely on workers’ comp benefits rather than taking your employer to court. It covers your medical bills and lost wages, but it also prevents you from filing a personal injury lawsuit directly against your employer.
How dual claims can expand your recovery
However, the exclusive remedy rule only limits claims against your employer. A dual claim allows you to file a workers’ comp claim and a personal injury lawsuit against a third party at the same time. This approach can significantly increase the compensation you recover.
Four common scenarios where dual claims are possible
Meanwhile, understanding when a dual claim applies can make a real difference in your recovery. In fact, your situation may qualify if it falls under one of these four common scenarios:
- Multi-employer construction sites: If a subcontractor or general contractor from another company caused your injury, you can file a lawsuit against that company.
- Defective equipment: If a faulty machine, tool or safety gear injured you due to a manufacturing or design defect, you may hold a product liability claim against the manufacturer.
- On-the-job motor vehicle accidents: If a careless driver hit you while you were making deliveries or traveling between job sites, you can file a claim against that driver.
- Premises liability: If your employer sent you to an off-site location and a hidden hazard injured you, you may hold a claim against the property owner.
These scenarios all involve a party outside your employer, which is key to pursuing a dual claim. In some cases, however, the party responsible may be your employer themselves.
Can you ever sue your employer directly?
If your employer deliberately caused your injury, rather than simply being careless, you may have grounds to sue them directly under intentional misconduct. The following situations can trigger this exception:
- Assault and battery: An employer or manager physically attacks you on the job.
- Fraud or concealment: Your employer intentionally hides known workplace toxins, causing a preventable illness.
- Deliberate equipment alteration: Your employer disables a safety guard to increase production speed, making injury nearly certain.
Intentional misconduct cases are not common, but they are significant. Whether your claim involves a third party or your employer directly, knowing your options is the first step toward protecting your recovery.
Protect your rights and recovery
A work injury affects more than just your body. It affects your income, your family and your future. Fortunately, workers’ compensation is often just the starting point. Depending on your situation, you may have additional paths to fair compensation that you have not yet considered. Thus, understanding the full scope of your rights puts you in a stronger position to make informed decisions about your next steps.