Final answer:
Workers injured on the job due to their employer's negligence typically cannot sue in tort if they accept workers' compensation benefits, although there are exceptions for intentional or willfully negligent acts. The workers' compensation system is designed to balance employee's rights to prompt compensation with employer's protection against lawsuits. Therefore, the given statement is false.
Step-by-step explanation:
The statement that workers who are injured at work due to their employer's negligence may either collect workers' compensation benefits or sue in tort is generally false. The principle behind workers' compensation insurance is to provide a swift and certain compensation to employees who are injured on the job, regardless of fault, while simultaneously protecting employers from lawsuits.
Typically, when workers accept workers' compensation, they forfeit the right to sue their employer in tort for damages related to the injury. This trade-off, often referred to as the "compensation bargain," is a core part of the workers' compensation system in most jurisdictions.
However, in cases where the employer's conduct is deemed intentional or willfully negligent, or in certain other limited circumstances, employees may have the right to sue outside of the workers' compensation system. Also, if the injuries are caused by a third party, the injured worker might have the right to pursue a separate tort claim against that party.
Recent legislation also affords workers the right to file confidential complaints against their employer for workplace hazards without fear of retaliation. In the event of serious violations, this can lead to governmental investigations and fines for the employer.