In this video, attorney David Daggett of Daggett Shuler Law answers the question: Can I sue my employer over an injury at work? Under workers' compensation you are barred from filing a lawsuit or a regular negligence claim against your employer. Workers' compensation is supposed to be a little more automatic than a regular negligence claim so you don't have to wait for your benefits. But there is a trade off, in that you do not file a claim under most circumstances against your employer. However, you could file a claim against someone other than your employer for an injury that happens at work.