If you were injured at work, you may be wondering if you should file a lawsuit against your employer. This is an important decision to make as it has a direct effect on your eligibility for workers compensation benefits. The far reaching consequences of the actions you take following your injury accident justify contacting a lawyer for guidance. If you would like to know more about your legal options for collecting fair compensation for your workplace injury, contact a workers compensation lawyer for a consultation about your case.
There are many factors that must be considered prior to filing a lawsuit against one’s employer or accepting a settlement offer from your employer’s workers compensation carrier. Once you choose a path to take, it will be very difficult if not impossible to make a different choice. Talk to an experienced workers compensation lawyer before you make a decision. After a review of your case, a lawyer can provide you with the information you need to make informed choices.
Are your injury damages significant?
In the majority of cases, when an employee sustains an injury in a workplace accident, the associated damages will be minor enough that workers compensation will cover them. However, the more significant the injury, the more costly the damages, and the less likely that workers compensation benefits will be adequate.
What kind of injuries are considered significant?
As a general rule, if a workplace accident requires surgery, or if the injury is diagnosed as permanent, it is likely a significant injury. If unsure, consult a workers compensation lawyer to help you determine whether or not your damages are significant enough to warrant proceeding with a lawsuit. It may be in your best interest to negotiate a settlement with the workers compensation board rather than pursue civil litigation against your employer.
Will your workers compensation benefits be sufficient to cover your injury damages?
If you have already filed a workers compensation claim and have been offered a settlement that covers the full extent of your damages (including possible future damages), pursuing a lawsuit is probably not worth your while. However, if you suffered a serious injury, it’s important to have a full accounting of your damages and include them in your claim. A workers compensation lawyer has the experience necessary to ensure that all of your damages are considered during the settlement negotiation process.
Was the workplace injury accident caused by you in any way?
If you are partially or completely responsible for causing the workplace accident that injured you, then you may not have grounds for filing a lawsuit against your employer. After a review of the accident circumstances by a workers compensation lawyer, you may gain a greater understanding of your legal options.
Have you consulted a workers compensation lawyer?
Contact a law firm to request a case review by a workers compensation lawyer.