Sue Your Employer or File for Workers’ Compensation?


If you’ve suffered an injury at work, you may wonder if you can sue your employer or how to get the justice you want. In general, you won’t sue your employer. Instead, you’ll file a workers’ compensation claim. This practice protects employers from being held responsible for injuries that they were not responsible for causing. However, there are some exceptions to this no-fault system.

Is It Worth the Fight?

The first step is to determine whether it’s worth carrying out a legal suit instead of filing for workers’ compensation. Within the no-fault situation, you don’t have to prove that your employer acted negligently. You just have to make the claim, and you’re eligible for medical expenses and lost wages. There are situations, however, where the employer’s actions require a response. Some physical and non-physical injuries are worth the work involved in suing employer for injury.

Are You Eligible for a Civil Case?

The most common reasons people sue their employers are assault, battery, conversion, defamation, false imprisonment, fraud, intentional emotional distress, invasion of privacy, and trespass. For a complete understanding of these injuries, it’s best to talk to a lawyer with experience in these situations. However, if you feel that any apply to you, get started right away, so you don’t wait beyond the window of eligibility.

Are the Advantages in Your Favor?

The advantages of filing a workers’ compensation claim include immediate money for medical benefits, lost wages, and permanent disability costs. Your eligibility for these monetary rewards usually only limited by the laws in your state. The advantages of filing a civil lawsuit against your employer include having the chance to get more money than a workers’ compensation claim would provide.

Work With a Lawyer

If you believe you could benefit from a civil lawsuit, be prepared to wait for a long time to reach a conclusion. You’ll need to prove to a judge that your employer hurt you intentionally. If your employer has an attorney, the process will be even more difficult and drawn out. Work with a lawyer to make the decision that is best for you.