Suing Over a Work Injury in Wyoming
When Wyoming law lets an injured worker sue the employer, suing a third party such as a driver or equipment maker, and what to do if the employer has no workers' comp.
Short answer: Generally no. For employees in covered (extrahazardous) employment, workers' comp rights and remedies replace all other rights and remedies against a contributing employer and co-employees acting within the scope of employment, unless a co-employee intentionally acted to cause physical… Wyo. Stat. § 27-14-104(a), (c)
| Suing your employer | Generally no. For employees in covered (extrahazardous) employment, workers' comp rights and remedies replace all other rights and remedies against a contributing employer and co-employees acting within the scope of employment, unless a co-employee intentionally acted to cause physical harm. The exclusive remedy does not apply if, at the time of injury, the employer had not qualified for coverage or had not paid the required premium on the worker's earnings within 30 days of the due date. Read in the Wyoming Legislature's compiled title PDF on wyoleg.gov. Source: Wyo. Stat. § 27-14-104(a), (c) |
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| Suing someone other than your employer | Yes. A covered worker injured through the legal fault of someone other than the employer keeps comp benefits and may also sue that third party (or a co-employee to the extent allowed). The complaint must be served by certified mail on the director and the attorney general, a jurisdictional requirement, and they must be notified of any judgment or settlement; a third party must give the state 15 days' notice before offering a settlement. On a recovery, the state is reimbursed for comp paid or to be paid, but not more than one-third of the total proceeds, reduced pro rata for attorney fees and costs. Read in the Wyoming Legislature's compiled title PDF on wyoleg.gov. Source: Wyo. Stat. § 27-14-105(a), (b) |
| If your employer has no workers' comp | The workers' comp law does not limit an injured worker's right to sue the employer if, at the time of injury, the employer had not qualified for coverage of eligible employees or had not paid the required premium on the worker's earnings within 30 days of the due date (with a timing exception when employment and injury begin in the same month). Read in the Wyoming Legislature's compiled title PDF on wyoleg.gov. Source: Wyo. Stat. § 27-14-104(c) |
Where to get help in Wyoming
More Wyoming workers' compensation
- Filing a Workers' Comp Claim in Wyoming
- How Much Workers' Comp Pays in Wyoming
- Workers' Comp Settlements in Wyoming
- Retaliation for Filing Workers' Comp in Wyoming
- Appealing a Denied Workers' Comp Claim in Wyoming
- All Wyoming workers' compensation rules
FAQ
Can you sue your employer for a work injury in Wyoming?
Generally no. For employees in covered (extrahazardous) employment, workers' comp rights and remedies replace all other rights and remedies against a contributing employer and co-employees acting within the scope of employment, unless a co-employee intentionally acted to cause physical harm. The exclusive remedy does not apply if, at the time of injury, the employer had not qualified for coverage or had not paid the required premium on the worker's earnings within 30 days of the due date.
Can you sue a third party for a work injury in Wyoming?
Yes. A covered worker injured through the legal fault of someone other than the employer keeps comp benefits and may also sue that third party (or a co-employee to the extent allowed). The complaint must be served by certified mail on the director and the attorney general, a jurisdictional requirement, and they must be notified of any judgment or settlement; a third party must give the state 15 days' notice before offering a settlement. On a recovery, the state is reimbursed for comp paid or to be paid, but not more than one-third of the total proceeds, reduced pro rata for attorney fees and costs.
What if my employer doesn't have workers' comp insurance in Wyoming?
The workers' comp law does not limit an injured worker's right to sue the employer if, at the time of injury, the employer had not qualified for coverage of eligible employees or had not paid the required premium on the worker's earnings within 30 days of the due date (with a timing exception when employment and injury begin in the same month).
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.