Yes and no. You may bring an action before the CAB to obtain all the benefits provided in the Workers’ Compensation Act, and you may also pursue civil remedies for discrimination or wrongful termination or other civil wrongs that often occur after an injury even though they are illegal.
If your injury arose out of your employment, the Workers’ Compensation Act, in fact, prohibits you from suing your employer for personal injury in most cases. You may only obtain Workers Compensation benefits for such injuries. However, there are exceptions. In some cases, both a civil lawsuit and a Workers’ Compensation claim may be filed against the employer. If a third party or defective product caused the injury then a personal injury lawsuit may be available as well. For example, when an employer asks an employee to drive on a work related errand, and a car accident occurs in the course of that errand, the worker may file a workers’ compensation claim against his employer, as well as a “third party” lawsuit against the other driver. If your employer was illegally uninsured or intentionally caused your injury increased worker’s compensation and personal injury lawsuits are available. You should always consult an attorney who is trained to recognize these other remedies.