You may have the ability to sue your employer directly if your employer failed to obtain workers' compensation insurance. The employer may also be liable to the state for fines and penalties for failing to obtain the insurance, which is required by state law.
An injured employee may also sue the employer directly if the employer intentionally caused harm to the employee. "intentional harm" by an employer is not well-defined by the law, so a case of intentional conduct by the employer would have to be thoroughly investigated and evaluated.
A third way to directly sue the employer occurs when the employer may not be the one operating the plant. For example, if you are employed by Company A, but a sister corporation or parent corporation, Company B, actually operates the plant, you may have a claim against Company B. Again, this type of case must be thoroughly investigated and evaluated to determine if you can bring a claim. If you think this fits your situation, contact one of our experienced work injury attorneys today for a free consultation.