Yes, you can potentially sue your employer for negligence after an injury, but there are specific conditions and legal considerations that you need to be aware of.

• Workers Compensation Laws: Workers compensation is a system established under state law that provides benefits to employees injured in the course of their employment without needing to prove fault. 

• Employers are generally strictly liable for injuries that occur in the workplace, meaning they are responsible regardless of whether they were negligent or not.
• Employees do not need to establish negligence to receive benefits. Instead, they receive medical expenses and some compensation for lost wages.
• In virtually all cases, if an injured worker is eligible for workers’ compensation, they cannot sue their employer for negligence. This is known as the exclusive remedy, which protects employers from lawsuits for work-related injuries.

• Exceptions: While the workers’ compensation system provides benefits without needing to establish employer fault, there are notable exceptions where you can pursue a lawsuit against your employer for negligence:

• If your employer intended to cause harm or if the injury resulted from egregious behavior designed to harm employees, you may have a claim for intentional infliction of injury.
• This involves showing that the employer acted with a clear disregard for the safety of employees. For example, if an employer knowingly ignores safety regulations that lead directly to an injury, this could rise to the level of gross negligence.
• If your employer violates specific health and safety regulations or laws that are intended to protect workers, you may have grounds for a negligence lawsuit. If your employer neglects to provide personal protective equipment (PPE) mandated by a federal or state safety regulation and an employee is injured as a result, this may ground a negligence claim.
• If someone other than your employer is responsible for your injury  you may sue that third party. If a defective machine causes your injury and the manufacturer of that machine is not your employer, you may have the right to pursue a negligence claim against the manufacturer.

• Proving negligence: To successfully pursue a negligence claim against your employer, you must prove the following four elements:

• Establish that your employer had a legal obligation to maintain a safe workplace.
• Safety manuals, OSHA regulations, and training records can be referenced.
• Show that the employer failed to meet their obligation, either through action or inaction.
• This can include eyewitness testimony, documentation of previous safety violations, or evidence of insufficient safety training.
• Clearly link the breach of duty to your injury.
• Medical records, expert testimony, and accident reports can help demonstrate how the breach directly led to your injury.
•  Demonstrate that you suffered actual damages as a result of the injury.
• This could include medical bills, lost wages, pain and suffering, and any other losses incurred.

While workers’ compensation provides a primary method for recovering damages from workplace injuries, there are specific instances where you may pursue legal action against your employer for negligence.