In the United States, the general rule regarding an employee who suffers a work-related injury is:
- The injured employee may sue the employer for negligence, but only if a workers compensation claim is unsuccessful.
- The injured employee's exclusive remedy will be a negligence lawsuit against the employer.
- The injured employee will have to chose whether to sue the employer for negligence or file a workers compensation claim, but cannot do both.
- The injured employee's exclusive remedy against their employer will be by means of a workers compensation claim.