It is possible to bypass the workers' compensation insurance benefits and go straight to court to sue for damages. If you believe that your employer was negligent in a reckless way, or that they deliberately caused your accident, you can go right to a lawsuit. You can also sue your employer if they do not have workers' comp coverage. Finding out whether or not you have the grounds to file a claim in court against your employer can be tricky territory, and the laws on this subject do vary from state to state. A workers' compensation lawyer will know the details of the laws in your area and be able to further assess your case.