What Is the Difference Between Workers’ Compensation Benefit Claims and Civil Lawsuits?

Workers’ compensation is a substitute for a lawsuit against your employer.  When you bring a workers’ compensation claim, the claim is controlled by the workers’ compensation system and not the courts.  Because you are bringing a claim under the workers’ compensation system, you are entitled to benefits, no matter if your accident was your fault or your employer’s fault.  Before the workers’ compensation system was created, employees had to go to court to receive compensation for their work-related injuries.  However, the current workers’ compensation system allows most employees to receive benefits.  In addition, this system shields employers from lawsuits brought by employees.
Bear in mind that even if you file a claim in the workers’ compensation system you make still be able to file a lawsuit in the court system as well.  You may be able to bring a lawsuit as well, but only if your injury was caused by someone other than your employer or by a faulty product or defective piece of equipment.  An experienced workers’ compensation lawyer will be able to help get the compensation to which you are entitled, whether it is through the workers’ compensation system or through the court system.

How to Protect Your Rights

If you have been injured while at work or on the job, the best way to protect your rights is to contact an experienced workers’ compensation or personal injury lawyer.  A lawyer will be able to help file a workers’ compensation claim.  A lawyer will also be able to determine if you should file a lawsuit in addition to or instead of a workers’ compensation claim.
Additionally, a lawyer will be able to determine other types of compensation to which you may be entitled.  For example, if someone other than your employer or a co-worker was at least partly to blame for your injury, you may be able to file a liability insurance claim against that person or business.

If your accident isn’t covered by the workers’ compensation system (for example, if your employer doesn’t have workers’ compensation insurance or if you are an independent contractor), a lawyer will be able to help you determine people or businesses against whom you may be able to file a lawsuit.  This type of lawsuit would be covered under the laws of personal injuries.  Under personal injury law, you may be able to receive compensation for expenses that wouldn’t be covered under the workers’ compensation system, such as attorney’s fees as well as pain and suffering.

DISCLAIMER: The information you obtain at our firm web site is not, nor is it intended to be, legal advice. It is recommended that you should consult an attorney for individual advice regarding your own situation.