Were you injured on the job? Perhaps you’re wondering why you shouldn’t file a lawsuit against your employer rather than filing a workers’ compensation claim. In order to reduce workplace tensions and to provide a resolution to employer-employee conflict, in most situations, a lawsuit is not even permitted and workers’ compensation is the only legal remedy available.
Some exceptions in which a lawsuit might remain a possibility include scenarios in which you have been assaulted by your employer or have been placed under undue emotional stress or have been knowingly placed in hazardous conditions. Another exception would be if the employer processes the employee’s workers’ compensation application or retaliates against the employee for filing a workers’ compensation claim.
Although public policy regarding workplace injuries prohibits most lawsuits against employers, employees still have the option of suing responsible third parties. Some examples of this include an inspector who fails to warn of a dangerous situation or the manufacturer of a product that caused a workplace injury.
Instead of suing your employer, the law office of DDB Law – with lawyers on our team who are Board Certified in Civil Trial Law and Workers’ Compensation – can not only help you file your workers’ compensation claim, but can also use our extensive knowledge of the law to help prevent common employer issues after the filing of a claim. Some of those issues include the employer refusing to turn your injury report in to their insurance carrier, refusing to provide complete and accurate information to the carrier, preventing you from going to see a doctor following a workplace injury, and harassing or even firing you for filing a workers’ compensation claim.
For more information about how we can help you with your workers’ compensation claim, contact us today.