Question

In general, an employee who suffers an occupational injury and collects workers' compensation benefits during recuperation:

(A) Has no right to sue the employer

(B) Must petition the court for leave to file suit against the employer

(C) Gives up the right to sue the employer for personal injury and pain and suffering and can sue only for workers' compensation benefits

(D) Can still sue the employer for anything

Answer 1

An employee who collects workers' compensation benefits for an occupational injury generally forfeits the right to sue their employer for personal injury option (c). The workers' compensation system is designed to provide benefits without the need for litigation, and employers contribute to funds that support this system.

Step-by-step explanation:

In general, an employee who suffers an occupational injury and collects workers' compensation benefits during recuperation gives up the right to sue the employer for personal injury and pain and suffering. They can only sue for workers' compensation benefits, as this system is designed to be an exclusive remedy.

This means that when employees accept workers' compensation, they forfeit the right to file a personal injury lawsuit against their employer for damages related to the injury. In most cases, the workers' compensation system operates to prevent further litigation as a trade-off for providing swift and certain compensation.

The system is also designed to limit the liability of employers and to avoid costly and prolonged legal disputes. While workers' compensation laws vary by state, they generally require employers to contribute to a state-run fund or purchase insurance.

These resources are then used to provide benefits to employees who are injured on the job, without the need for the injured party to prove employer negligence. Additionally, under the Occupational Safety and Health Act (OSH Act), employees have various rights, including the right to report work-related injuries and illnesses without facing discrimination or retaliation from employers.

If an employer's actions fall outside of the usual scope of employment or are intentionally harmful, legal avenues might be available beyond workers' compensation claims. It is also possible for employees to sue third parties if someone other than their employer contributed to the injury. However, the typical process for an occupational injury involves claiming workers' compensation benefits without the need to sue the employer.