Injured worker can sue employer for Workers Compensation benefits if employer did not purchase coverage
Keith Rainer fell on a sidewalk leading into his employer's Multi Trade Center building. He sued his employer, the owner of the building, for damages. The employer had not purchased workers compensation insurance. The trial court dismissed Rainer's claim entirely, however, the Court of Appeals reversed and sent the case back to the lower court with limited rights of recovery.
The Court of Appeals noted that by statute, an injured worker can sue his employer for workers compensation benefits if it hasn't purchased insurance, and that such a claim must be brought not before a workers comp magistrate, but rather in the Circuit Court. On the other hand, it refused to allow Rainer's attorneys to pursue additional remedies that had not been properly raised in the trial court prior to summary disposition. Workers compensation benefits include partial pay and medical expenses, but do not include other elements of damages, such as actual attendant care, pain, anxiety, loss of mobility or earning capacity, and similar non-economic damages.