Published On: Fri, Dec 22nd, 2017

Should You file For Workers’ Compensation or a Lawsuit?

If you are injured at work, you are entitled to a workers’ compensation. However, you don’t have to take it. You can sue your company instead. But is it a good idea? What can come out of it? Can you do both?

In a vast majority of cases, you can pick one or the other, but not both of these options. So you should really take your time to weigh the options and finally decide which option is right for you. At this point, you might also want to consult a workers’ compensation attorney, like https://mlklaw.org/. These experts will be able to give you the details about your chances in court based on the particulars of your case. So, when should you consider a lawsuit?

photo/Claim Accident Services

You’re Not Covered by Workers’ Compensation

The work comp insurance is an obligation of your employer. However, there are some kinds of workers who are not covered by this kind of insurance. For instance, if you are classified as an independent contractor, you have no right to workers’ compensation by the company that hired you.

The same goes for seasonal and agricultural workers. If you are applied as any of these categories, you aren’t entitled to work comp and if you get injured, the company is not liable according to work comp laws. However, you can attempt suing the company in a personal injury lawsuit.

You May Not Be Covered Fully

In some other cases, workers are covered by the work comp, but the amount of money they are awarded is simply not enough to cover the lost wages and the medical bills. This comes as a result of state-based work comp system which gives a lot of freedoms to insurance companies and businesses to create their own work comp plan.

Your Medical Bills Are Not Covered by Work Comp

This same rule is responsible for your medical bills not being included in the worker compensation. Once again, you need to be aware what kind of workers’ compensation plan your company has and whether they will pay your lost wages and your medical bills, or just some parts of it.

If you feel like what you got is not enough, consult an attorney and tell them about your case. They may be able to help you get a better deal, but if that doesn’t work, you can resort to suing your employer for additional money.

Your Injury Was Intentional

If you feel like your injury was intentional, and could have been avoided, you may also consider suing your employer. However, it may be tricky to prove that. If, however, you have proof that it is the case, you may be better off suing than accepting workers’ compensation.

Your Injury Is a Result of a Third Party Involvement

Finally, if your work-related injury is the result of a third party’s involvement, you may be able to file a civil lawsuit to recuperate some of the lost earnings. In this case, your employer may also join your lawsuit in an attempt to recover some of the money they had to pay to you as workers’ compensation.

Keep in mind that you will have to pay back any money you received as a part of your workers’ compensation if you choose to file a civil lawsuit and win money. So, in most cases, you are better off taking the work comp you are entitled to. However, as you can see, there are some cases when you may need to give the law a bit of a nudge with a civil lawsuit.

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