Are there instances when an injured employee is allowed to sue the employer?

In most cases, you cannot sue your employer instead of accepting workers compensation - in fact, workers comp was set up specifically so that employers would not have to constantly deal with legal hassles and employees could get benefits regardless of who was at fault. In exchange for buying into workers compensation programs, employers are protected from personal injury lawsuits. However, workers’ compensation does not prohibit an employee from bringing a claim against his or her employer for an intentional tort, or any injury sustained due to intentional behavior on the part of an employer seeking to harm an employee. Furthermore, an employee may sue his or her employer for non-physical injuries such as emotional distress or discrimination.