Workers’ Compensation: Should I Sue or Should I File a Claim?

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Workers’ compensation insurance refers to a type of insurance that employers purchase to cover employment-related illnesses and injuries. It is state-mandated and consists of payments required by law to be made to a worker or employee who was injured, disabled, or got sick in connection with work. The payment may cover medical expenses and partial wage replacement as well as permanent impairment benefits for those who qualify. No matter who was at fault for the injury, injured or disabled employees receive workers’ compensation insurance in most situations.

Can I Sue My Employer for a Work Injury?

 In a case for workers’ compensation, when an employee got injured on the job, he or she is entitled to the benefits of workers’ compensation, with very limited exceptions. In such case, you don’t need to prove that your employer or your co-workers did something wrong in order for you to be entitled to receive the benefits. At the same time, it does not matter if you were negligent and such caused your injury. You are still entitled to receive the benefits of workers’ compensation even if you are negligent.

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This does not mean you cannot sue your employer. You may sue if the employer was involved in any reckless or intentional action that resulted to your injury. However, if you choose to do this, you will have to waive your right to receive workers’ compensation insurance. When you are able to prove that your employer was involved, the court may award a broad range of damages, such as punitive damages, as well as medical expenses, lost wages, and moral damages.

The thing is, when you decide to sue your employer, you need to prove that the employer, in one way or another, had something to do with your injury. This process may be tedious and time-consuming, not to mention the fact that in case you were not able to prove negligence, you won’t get anything to compensate for your loss, sickness, or disability. Anytime an injury results from any intentional, reckless, or illegal action from an employer, the employee has the right to sue the employer and refuse the workers’ compensation benefits.

Getting the help of Denver Workers Compensation Attorney

If you are currently contemplating whether you want to sue your employer or file a claim under the workers’ compensation, you need an expert advice from a Denver workers compensation attorney. Workers’ compensation laws generally prevent the need for an injured employee to bring a case for negligence or remedy of damages against a participating employer. The process of filing a workers’ compensation claim is easier and assures the employee that he or she receives a certain amount covering the medical expenses and lost wages.

If you are injured on the job, quickly notify your employer. If the latter refutes your claim, or you feel that you need to know more about your rights as an injured worker, seek legal help from a Greeley workers compensation lawyer.

Workers’ compensation can be confusing and complex. Even if the law says it involves a simple process, talk to lawyers at Kaplan Morrell to make sure that you get the most benefits that you deserve. Contact us now by calling (866) 356-9898 for a free consultation.