If an employer intentionally causes the employee’s illness or injury, the employee has a right to file a Tort Lawsuit for such injuries in a civil court. Here are some samples of intentional torts:
ASSAULT & BATTERY
Assault is, generally, referred to as an attempted battery and battery is an injury to the person’s body. An unwanted kiss or slap could be construed as battery.
Under tort law if the employer takes your property without your express or implied permission and making it his or her own, you may be able to sue.
If your employer confines you against your will or without a legal authority, you may be able to sue your employer;
INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS
If your employer does something outrageous that you are emotionally traumatized, you may be able to sue your employer;
If your employer utters false information about you that harms you, you may have file a claim for libel or slender against your employer;
If your employer lied to you about something that caused you damages, you may sue your employer;
CREWMEMBERS OF ANY BOAT, SHIP
If you are a crewmember of any type of boat, from giant cruise ships down to the smallest two-person commercial fishing boat, you are not entitled to workers’ compensation benefits.
Instead, a federal law referred to as The Jones Act allows you to file a claim for your work-related injuries, including pain and suffering, in a civil court.
INTERSTATE RAILROAD WORKERS
Interstate railroad workers, are authorized by another federal law called the Federal Employers Liability Act (FELA) to sue their employers for their work-related illnesses and injuries;
Please Note: This exception only allows the Interstate Railroad Employees, which means, railroads that operates in more than one state. Thus, if you are working for an intrastate commuter, which means you are a within the state rail worker, you may not be covered by FELA;
Depending on jurisdictional law of each state, sexual harassment victims may be allowed to sue for damages in a civil court rather than be subjected to the exclusive remedy provision of workers’ compensation statutes.
WRONGFUL TERMINATION OR DISMISSAL
For Public Policy Purposes, some states require that emotional distress claims, which may result from either a Wrongful Termination or Breach of an Employment Contract are recoverable in civil actions
EMPLOYMENT DISCRIMINATION CLAIMS
Most states laws mandate that discrimination claims based upon race, religion, gender, national origin, disability, and so on are not barred by the exclusivity provision of Workers’ Compensation Statutes. Thus the victims of such discriminations can seek judicial remedies in civil courts for their damages.
SUIT FOR INJURIES CAUSED BY THIRD PARTIES
If an employee was harmed at work-related incident by someone other than the employee or employer, the injured employee may be able to file a civil lawsuit for his or her personal injuries and damages against the third party. For example, an illness or injury caused by a defective product, the employee can sue the manufacturer and anyone else responsible in the stream of commerce.
WRONGFUL TERMINATION OR DENIAL OF WORKERS' COMPENSATION BENEFITS
Generally, the Workers' Compensation Claims are filed and adjudicated through the administrative process. Decisions rendered by the administrative authority is not appealable until the process is complete. And then, appeals must be brought to a special workers' compensation board or a specially nominated court. Only after all statutory process requirements set by the state are satisfied, a worker can file a Workers’ Compensation Claim in the civil court system.