Workers’ Comp or Lawsuit? 3 Considerations
If in the course of doing your job and you sustain a work-related injury, you’re eligible for workers’ compensation even if the injury is caused by your negligence. But should you accept workers comp or sue in civil court?
Before you decide on any of these options, some considerations will help you make the right call. Also note that each case is different, and it’s important you consider your options first before acting.
In that case, you should start with these three considerations before deciding if you’re to accept compensation or sue.
Not covered by workers comp
If you’re a contract worker or perhaps, not a full-time employee, you’re most likely not eligible for workers comp. If that is the case, your employer is not mandated to offer compensation in the event of a work-related accident.
Each workers’ comp differs from state to state, and you should know what applies to your state before you begin the process. This could entail getting across a workers comp attorney to help you navigate the process through their sound legal council.
Not covered by medical care
Sometimes, getting your employer or perhaps insurer to cover your medical case can be daunting. If your employer is not compliant with covering your medical care, that’s a solid ground to sue. But before you do that, work with an experienced workers’ comp lawyer who knows the ins and outs of workers’ compensation.
The expertise and experience of your attorney will ensure you get compensated for your suffering, pain, and loss. Suing your employer for refusing to cover your medical care is the best line of action, and your lawyer will help you avoid common mistakes and delays.
The injury was caused by malice, defeat, or third-party
If your work-related accident was intentionally caused by your employer, you have every reason to sue. If perhaps it was due to a defective work environment, you’re eligible for workers’ compensation. If it was caused by a third party, your employer may also join you to file a lawsuit against the third party.
Take your time and go through these three considerations before you decide on what to do next. If you had received any civil compensation, you may have to pay back any workers’ compensation you have received before the judgment.
If you or anyone you know is currently on this very ordeal, it will be best to work with a workers’ comp attorney. With their resources and knowledge of the legal system, you’re likely to get compensated for the pain and suffering without delay. Get in touch with us by calling 718-273-9000 or filling out the contact form.