Workers Compensation Claim vs. Lawsuit
If you’ve been injured at work, you know how stressful and disorienting it can be. Deciding whether you should accept workers compensation or attempt to sue for more equitable compensation only serves to further complicate the issue.
Workers compensation refers to the insurance that most employers are required to provide for employees who become injured on the job. In general, it serves as a substitute for most (but not all) related lawsuits that you might bring against your employer. However, no two work-related injury claims are alike, so it’s vital that you consider your options carefully.
There are three major considerations to keep in mind when you are weighing your options regarding your workers compensation claim:
- Is your workers compensation actually covering you?
Every workers compensation program has state-specific regulations, but nearly all of the programs will allow even those claims that are attributable to your own negligence. However, workers compensation, which often has a maximum benefit cap, can be inadequate for those instances when long-term disabilities or injuries are involved – or in those instances where your claim is denied altogether.
- Is your medical care covered?
It’s important to be aware that workers compensation is actually a form of insurance and can be just as difficult to work with. In the end, you may need to sue your employer in order to ensure that you are equitably compensated for your work-related injury.
- Was your injury caused by malice, defect, or a third party?
These terms have specific meanings as they apply to your work-related injury claim:
- Malice indicates that you believe your employer acted in such a way as to intentionally cause your injury.
- Defect indicates that you believe that a mechanical defect may be to blame.
- Third party indicates that you believe another individual or company may be responsible for your injury
If you believe that your work-related injury was caused by any such factor, it could be in your best interest to sue rather than to file a workers compensation claim. However, it’s important to remember that workers compensation claims can be exceeding complex and that the outcome is often uncertain. It is in your best interest to contact an experienced workers compensation attorney to help guide you through the complicated process of bringing a successful work-related injury claim.
Contact a New Jersey Workers Compensation Attorney Today
A workers compensation claim is always difficult – you’ve been injured after all – and there’s a lot to consider before deciding how to proceed. You do not have to attempt to navigate this complex process on your own. Help is available. If either you or someone you care about has been injured on the job, do not hesitate to contact the Law Offices of Kurt M. Resch, PC. With over 35 years of experience in New Jersey, Kurt M. Resch has the expertise, experience, and commitment to help you accomplish the best possible outcome for your workers compensation claim (or suit, if necessary). Please give us a call at 201-488-5454 or contact us through our online form today.