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

August 1, 2018 Published in Firm News

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.