Just because youre not eligible for workers comp benefits does not necessarily mean your employer doesnt have responsibility for your job related injury if youre an independent contractor for example your contract may mandate the use of arbitration for injuries and other disputes in some rare cases such as intentionally inflicted injuries sustained in the workplace an employee may sue their employer but thats usually not permitted. For example if you are injured and your employer encourages you to use your own health insurance to pay for your medical treatment you have the right to say no and if your boss offers you some incentive in an attempt to persuade you against filing a workers compensation claim this is illegal you have the right to say no. If theres an employee injured off the job workers compensation insurance wont provide them with benefits to receive benefits your employees work has to be the cause of their injury or illness if theres an employee injured not at work their health insurance can help cover the costs of their treatment. Although some injuries are a result of an employee not following the proper safety protocols some accidents may occur because of employer negligence the sad truth is many people are afraid to file for workers compensation because they fear they will lose their job many insurance companies will deny claims using almost any excuse. Remedies against your employer generally workers compensation benefits are your only recourse for an on the job injury as the no fault nature of the system also protects your employer from personal injury claims brought by people injured at work however there are exceptions to this rule in the case where your employer deliberately hurts you you can file a personal injury suit against them for damages if you find yourself in this situation you should consult a qualified workers