Suing Over a Work Injury in District of Columbia

Suing the employer: in the District, workers' compensation is the employee's exclusive remedy against the employer, its collective-bargaining agent, and its employees, officers, directors, agents and insurer acting within the scope of employment. The exception is an employer that fails to secure payment of compensation: the injured employee (or legal representative) may then choose to claim compensation or sue for damages, and the employer may not plead fellow-servant negligence, assumption of risk or contributory negligence.

Suing someone else: a worker injured by a liable third party need not choose between comp and a damages suit. But accepting compensation under an order filed with the Mayor assigns the right to sue to the employer unless the worker sues within six months after the award; if the employer does not sue within 90 days after the assignment, the right goes back to the worker. If the employer recovers, it keeps its expenses, medical costs, comp paid and the present value of future benefits, and pays the rest to the worker less one-fifth. If the worker sues, the employer pays comp minus the third-party recovery, costs and fees are shared in proportion to recovery, and a settlement for less than the comp due requires the employer's and insurer's written approval.

Employer without coverage: an employer that fails to secure workers' comp faces a civil fine of $1,000 to $10,000, and for a corporation, the president, secretary and treasurer are each liable for the fine and personally liable with the corporation for benefits owed for injuries during the uninsured period. The injured employee may claim compensation or sue the employer for damages without the employer's usual defenses. If an award cannot be collected because of the employer's insolvency or similar circumstances, the Mayor may pay it from the special fund and recover from the employer.