How to Handle a Workers' Comp Claim

29 July 2015
 Categories: Law, Blog

If you are interested in pursuing a workers' comp claim, then you'll need to take a couple of basic steps. First of all, you're going to need to ensure that your injury actually qualifies for workers' comp.

So what injuries qualify?

Not all workplace injuries are created equal. In order for your injury to be a valid basis for a workers' comp claim, you will need to prove that your injury was due to the fault of someone besides yourself or your employer. For instance, if you are exposed to toxic substances during the course of your employment without being properly warned, then you have an excellent chance of successfully filing for workers' comp.

However, injuries where you are at fault are probably not valid. If you disregarded warnings or if you endangered yourself unnecessarily, then the chances of winning are pretty slim. It can be pretty difficult to draw the line regarding which injuries qualify and which do not. Therefore, you should hire an expert to determine how good your chances are of winning workers' comp with your injury.

What kind of expert?

A workers' compensation attorney is your best bet in this situation. These lawyers have extensive experience in the field, which means that they can be of great service to you. A workers' comp attorney consultation will generally tell you what your chances of winning are, and how much you can expect to win. On top of that, they might even be able to discuss the topic of a lawsuit with you.

Can you sue after getting workers' comp?

By definition, workers' comp prevents you from suing your employer. In this sense, workers' comp exists to protect your employer from public relations damage and to prevent lengthy lawsuits. However, in some cases, you might actually stand to make more money by filing a lawsuit rather than workers' comp.

Depending on the exact nature of your injury, your employer might be willing to pay far too little in a workers' comp payout. In these cases, your only chance of covering medical expenses and lost wages might be a lawsuit for a much larger sum. However, lawsuits also have a couple key downsides relative to workers' comp claims.

Lawsuits take a lot longer to complete than a workers' comp claim. If you desperate need money after being injured, then a lawsuit might simply take far too long to cover your medical bills. On top of that, lawsuits are a whole lot more expensive that workers' comp claims. Due to their increased length, you will need to pay an attorney a lot more money for lawsuits. In the end, you might not even win the lawsuit, which could leave you deeply in debt. For more information on workers' comp, visit sites like