Can I sue my employer for negligence and file for workers’ compensation?

Kentucky has a legal theory called exclusive remedy. What it means is that if you are hurt on the job your remedy is a workers’ compensation case. The problem here is that a workers’ compensation case does not allow for pain and suffering. There may be a way around exclusive remedy depending on the facts of your case/injury. If a third party caused injury you could potentially sue them for negligence which would allow you to claim pain and suffering. This is a complicated area of Kentucky law and as such it would be wise to consult with a personal injury lawyer concerning your negligence and/or workers’ compensation case.

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