I my husband broke his leg at work and got workers’ compensation but his leg will never be 100%, can he still sue the company?

UPDATED: Sep 30, 2022

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Sep 30, 2022Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

I my husband broke his leg at work and got workers’ compensation but his leg will never be 100%, can he still sue the company?

He’s been released from workers comp, so he’s back to work. He thinks the company will let him go after Friday since it will be 2 years since the accident. He broke his leg when he fell off a forklift and it crushed his leg. He was not forklift certified. Not sure if we should sue since he did get workers’ compensation.

Asked on February 14, 2017 under Employment Labor Law, California


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

No, you cannot sue the company if you received workers compensation. Workers compensation is an alternative route to compensation for injured workers, a way to get compensation more quickly, easily, and certainly than by suing; the downside is you may be able to get more by suing. The law does not let you get the advantages of workers compensation then sue; you have to pick one or the other (workers compensation or lawsuit). Having selected workers compensation, you may not sue the employer.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption