Filing Workers Comp vs. Suing Your Employer

It is up to your employer to make sure that the workplace is a safe environment. Unfortunately, accidents can happen at the workplace regardless of how careful your employer is. If you are the victim of a work injury, it is up to your employer to make sure that you are compensated, so be sure to visit this site: https://www.fmelaw.com.

This compensation should include reimbursement for medical bills after the accident and payment of all future related medical bills. If your injuries are severe enough that you are unable to work, your employer would be responsible for compensating you for lost wages. Finally, if the injuries were so severe that you are no longer able to return to the work that you were doing before the accident or if they were so severe that you are never able to work again, your employer would need to compensate you for that as well.

Regardless of the state that you live in, you are covered under either the federal workers compensation laws described here: https://www.dol.gov/general/topic/workcomp, as well as the workers compensation laws in your state. This means that after a work accident, you would be eligible to apply for workers compensation benefits.

What Are the Benefits of Filing a Workers Compensation Claim?

When you file a workers compensation claim, you should begin receiving benefits as soon as your application is accepted. If you are unable to work due to an injury or illness that occurred on the job, you are going to need money right away.

If you were to sue your employer rather than collect workers compensation benefits, it could take months, possibly years to begin receiving payments. If you cannot work, you likely won’t be able to wait that long to start getting paid.

What Are the Downsides to Workers Compensation?

The only downside to receiving workers compensation is that you cannot receive punitive damages from your employer after your illness or injury. The benefits that you are allowed to receive are limited to those allowed under the workers compensation laws in your state. Typically, the amount of money that you are entitled to would be based on your wages, even if you believe that you deserve more money.

When Can You Legally File a Lawsuit?

After an accident or illness occurs on the job, your first step should be to file for workers compensation; however, there are certain circumstances where you would need to file a personal injury lawsuit against your employer in order to get the compensation that you deserve.

Your Employer Has Harmed You Intentionally: In order to sue your employer, they would have had to hurt you intentionally. This doesn’t mean being negligent. Unfortunately, negligence and ignorance regarding your health and your safety in the workplace are not grounds for a lawsuit.

A perfect example of intentional harm would be if your employer became angry with you and punched you in the face. This is an intentional act that had nothing to do with negligence regarding workplace safety.

Your Employer Has No Workers Compensation Insurance or Doesn’t Carry Enough: Every state in the United States except for Texas requires that employers carry workers compensation insurance. If they don’t, they are breaking the law. If you were injured on the job or if you contracted an occupational disease and your employer doesn’t have adequate workers compensation insurance to cover your losses, you can file a lawsuit.

Can You File a Lawsuit if Your Workers Compensation Benefits Are Denied?

Unfortunately, if your application for workers compensation benefits is denied, you cannot file a lawsuit. You can, however, appeal the decision with help from a Brooklyn work comp law firm. If your appeal is approved, you will begin receiving benefits and there will be no need for a lawsuit. If your appeal is denied, you have exhausted all avenues you have no chance of being compensated for your injury or illness both in and out of court.

What Are You Covered for if You File a Lawsuit Outside of Workers Compensation?

If you are legally able to file a lawsuit, you would not be limited to the benefits provided by workers’ compensation insurance benefits. When you file a lawsuit, you can ask for lost wages, reimbursement for any medical bills now and in the future, compensation for any type of permanent impairment, pain and suffering, and punitive damages. If you can legally file a lawsuit, you will be eligible for more money than you could have received from worker’s compensation.

Is It Difficult to Prove Your Case in a Lawsuit?

In order to prove your case if you are going forward with a lawsuit, it can be a bit more difficult than if you were applying for workers’ compensation benefits. With a lawsuit, you would need to prove that your employer actually set out to physically harm you. If you are suing because your employer is uninsured or underinsured, you would need to prove that as well. Since your employer will likely have a good lawyer on retainer, you will need to gather as much evidence as possible. You would also need to gather all of your medical evidence to prove that you were legitimately injured or became ill on the job and you are only to return if and when your injuries heal or your illness dissipates.

If you are injured on the job or you develop an occupational illness, you are eligible for compensation, whether it be  through a work comp claim or suing an employer. For more information on filing a claim or a lawsuit, visit https://www.disabilitysecrets.com/resources/workers-compensation/suing-your-employer-injury.htm.