Kanoski Bresney
Free Consultations
Call us now
to evaluate your case 866-438-2419

Should you file a workers' comp claim or a lawsuit?

Every day, people from all walks of life and a range of different industries suffer injuries at work. There are many different circumstances that might lead to such an incident, but regardless of the situation's specifics, you need to report the injury and seek medical care immediately. When you report the injury to your employer, you should receive information to file a workers' compensation claim, too.

You may wonder whether your injury necessitates workers' comp, legal action or both. This is a complicated issue that you should consider carefully. The following are important factors to take into account when you are determining the best course of action after an on-the-job injury.

Coverage of benefits

One of the reasons you may look for recourse beyond workers' comp benefits is an offer of coverage that is insufficient. In most cases, there is a limit to the payout that benefits can afford you, and the insurance company could deny your benefits altogether, offering you nothing. In either case, if workers' comp is not a viable solution to the problems caused by your injury, you may want to seek other options. 

Cause of your injury

It is also worth considering whether the cause of your injury necessitates workers' comp or further legal action. In most instances, you are eligible for workers' comp even if you caused your own injury. If your actions led to an injury, though, you will likely not have grounds for a lawsuit. On the other hand, if your employer's malice or a defect caused your injury, your employer or a third party might be liable.

Medical care provided

Workers' compensation should cover the medical expenses and bills associated with a workplace injury, but you may still have to pay some health care costs out-of-pocket. Sometimes it is questionable whether workers' comp benefits will reimburse these. When you are left paying for the medical care necessitated by an injury, you may consider pursuing legal action.

No Comments

Leave a comment
Comment Information
Email Us For A Response

Learn How We Can Help

Bold labels are required.

Contact Information

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.


Privacy Policy

SpringField Law Office
2730 South MacArthur Boulevard
Springfield, Illinois 62704

Toll Free: 866-438-2419
Phone: 217-280-4985
Phone: 217-523-7742
Map & Directions

Champaign Law Office
314 South Neil Street, Suite 101
Champaign, Illinois 61820

Toll Free: 866-438-2419
Phone: 217-280-4985
Phone: 217-356-1570
Map & Directions

Bloomington Law Office
237 East Front Street
Bloomington, Illinois 61701

Toll Free: 866-438-2419
Phone: 217-280-4985
Phone: 309-829-5700
Map & Directions

Quincy Law Office
2632 Broadway Street
Quincy, Illinois 62301

Toll Free: 866-438-2419
Phone: 217-280-4985
Phone: 217-222-5504
Map & Directions

Rushville Law Office
129 South Congress Street
Rushville, Illinois 62681

Toll Free: 866-438-2419
Phone: 217-280-4985
Phone: 217-322-4346
Map & Directions

Macomb Law Office
118 North Lafayette Street
Macomb, Illinois 61455

Toll Free: 866-438-2419
Phone: 217-280-4985
Phone: 309-836-1002
Map & Directions

Pekin Law Office
427 1/2 Court Street
Pekin, Illinois 61554

Toll Free: 866-438-2419
Phone: 217-280-4985
Phone: 309-353-9828
Map & Directions

Decatur Law Office
335 East Wood Street, Suite A
Decatur, Illinois 62523

Toll Free: 866-438-2419
Phone: 217-280-4985
Phone: 217-429-3509
Map & Directions