Workers’ compensation is a social contract between employees and their employers, but people sometimes forget that companies get a benefit from worker’s comp, too.
Except in states, such as Texas, that allow businesses to opt out of workers’ compensation, workers cannot sue their employers for negligence when they’re hurt on the job.
In the case of many injuries, workers likely would recover more if they were allowed to sue for personal injury. But workers’ comp laws do not require workers to prove negligence to collect benefits. Workers’ comp benefits paid no matter who or what caused the workplace injury.