Avoiding Legal Trouble

Should You File For Worker's Compensation Or Take Your Employer To Civil Court?

Most of the time, when you are injured while carrying out a task for your employer, you must file a worker's compensation claim to receive compensation for your medical bills and lost wages. Sometimes, however, it is not that simple and you will need to sue your employer in civil court. Any time you have been hurt or injured while on the job, contact a worker's compensation attorney to help you sort things out. There are definite benefits to each action, however, you need to know which action applies to avoid wasting time going with the wrong one.

Filing a Worker's Compensation Claim

When you file a worker's compensation claim, you will start receiving money almost immediately. You do not have to wait for the lawsuit to be over. Your medical bills will be paid and you will receive a portion of your wages for the length of time you are unable to work. If you are permanently disabled, you will receive disability benefits as well. However, in a worker's compensation case, you will not receive compensation for your emotional distress or any punitive damages.

If your worker's compensation claim is denied, you have the chance to appeal the decision. However, you will not continue to receive any money while the claim is being appealed. It is important to note that a denial is not a reason to file a civil suit.

Suing Your Employer in Civil Court

If your employer does not have enough, or any, worker's compensation insurance, you can sue the company in civil court. You may also pursue a lawsuit if you can prove your employer purposefully caused the accident or injury. Proving this can be difficult. You will not receive any compensation until the lawsuit is over, and then your employer may file an appeal. Even if you ultimately win the case, it may be a long time before you see any compensation.

While you may receive more money if you can file a civil suit against your employer, it might be years before you see any of the money. Unless you are filing a suit because there is not adequate insurance coverage, it may be best to file a worker's compensation claim and have money coming in right away. Hiring a lawyer like Crowley Ahlers & Roth Co LPA who is experienced in worker's compensation law ensures all the paperwork is filed correctly and on time. This is especially important if you must file an appeal when the claim is initially denied. The important thing is to have money coming in as soon as possible to avoid adding financial stress that can keep you from recovering as quickly as you should.