Should You Sue Your Employer or Get Worker’s Compensation?

When you are injured while performing any type of task for your employer, you should not have financial troubles due to your inability to work. This includes having medical bills and a loss of income. Worker's compensation insurance was established to take care of this. However, you may feel that you would receive more money if you were to sue. Unfortunately, there are very specific laws in place when it comes to suing an employer. In the vast majority of cases, you will not be able to sue; worker's comp will be what you can receive. Here is a bit of information that will help you understand this better, however to truly know how you can be compensated you should talk with a worker's compensation attorney.

When You Can Sue

There are few work injuries that will need a judge and jury to determine how and how much you should be compensated. The most common reason is due to your employer not having a worker's compensation policy in effect. This could be due to a missed payment, improper report filing, or because a policy was never purchased. In this case, not only will you need to sue to receive any compensation, the employer will be fined by the state. Other reasons to sue involve an injury, physical or mental, that was intentionally caused by the employer. Examples include being physically attacked or imprisoned by your employer or supervisor.

When to File Worker's Compensation

Any injury or illness that occurs due to or while you are performing a task for your boss is eligible for worker's compensation. It does not matter who is at fault, even if you are the one responsible. All your medical bills will be paid, including monies for any ongoing therapies you may need after being treated. You will also receive a portion of your regular wages. If there is a dispute from the worker's compensation board, or your injury is permanent, your lawyer will help you file for disability benefits.

It is important to understand that you cannot both receive worker's compensation benefits and sue your employer. If you are not sure of which type of compensation you qualify to receive talking to a worker's compensation lawyer will clear things up. In addition, the lawyer can help you file the paperwork necessary to receive the monies you deserve to keep from financial struggles while recovering. Not having this stress will also help you to recover faster too. For more information, contact a business such as Walz Law Office.