Employers can face direct liability lawsuits in specific, limited situations where the standard workers’ compensation “deal” does not apply. The most common is when an employer intentionally causes harm, such as assaulting an employee or knowingly removing a safety guard. Liability may also exist for severe workplace harassment, for injuries caused by a defective product the employer manufactured, or if the employer failed to carry the required workers’ compensation insurance, thereby losing its legal protection from lawsuits.

Look for obvious injuries like bleeding, bruising, swelling, or difficulty moving. However, also note complaints of pain, dizziness, nausea, or numbness, even if no visible injury exists. Verbally ask about their condition and listen carefully to their response. Document their own words describing their pain (e.g., “sharp pain in lower back”). This contemporaneous account is powerful evidence later if their claimed injuries are disputed. Never dismiss someone who says they are “just shaken up.“

Your ability to claim damages depends heavily on your state’s laws. In “comparative negligence” states (the majority), you can still recover money, but your compensation is reduced by your percentage of fault. If you were 30% at fault, you get 70% of your damages. In a few “contributory negligence” states, being even 1% at fault can completely bar you from recovery. Always report the accident to your insurer; they will handle the negotiation with the other party’s insurance based on these legal frameworks.