No. You have a workers’ compensation claim and a
workers compensation claim only. The law says this:
§ 71-3-9. Exclusiveness of liability
The liability of an employer to pay compensation
shall be exclusive and in place of all other liability of such employer to the
employee, his legal representative, husband or wife, parents, dependents,
next-of-kin, and anyone otherwise entitled to recover damages at common law or
otherwise from such employer on account of such injury or death, except that if
an employer fails to secure payment of compensation as required by this
chapter, an injured employee, or his legal representative in case death results
from the injury, may elect to claim compensation under this chapter, or to
maintain an action at law for damages on account of such injury or death. In
such action the defendant may not plead as a defense that the injury was caused
by the negligence of a fellow servant, nor that the employee assumed the risk
of his employment, nor that the injury was due to the contributory negligence
of the employee.
“Exclusive” liability is a fancy way of saying the only
thing an employer has to provide for workplace injury is workers compensation
coverage. That means, medical treatment, compensation for time of work,
and compensation for lost wages in the future or loss of use of a body
part. Pain and suffering cannot be recovered. If the employer is
supposed to have insurance coverage and fails to do so, it changes the
game. It opens up the possibility of making a fault claim (although most
general liability policies exclude employees). If you find yourself in a
situation which way to go and whether fault may be an issue, contact an
attorney with workers’ compensation experience and get free advice.
Rogen K. Chhabra
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