Workers’ compensation insurance is required by law to be carried by all employers. There are a very few limited exceptions to this requirement. Any employee injured on the job while acting within the course and scope of his/her job is entitled to receive workers’ compensation benefits. These benefits pay the medical expenses related to the injury, a limited amount of money to compensate for lost earnings, rehabilitation expenses, and a limited payment for permanent disability.
Workers’ compensation claims are within the jurisdiction of the Workers’ Compensation Board, not the court system. So long as the employer provides workers’ compensation benefits, the employee cannot sue the employer for actual damages, even if a negligent employer or a co-worker caused the injury. This is called the Exclusive Remedy doctrine. However, if the employer has failed to obtain worker’s compensation insurance, the employee can sue the employer for full damages.