At our law firm, we understand the physical, emotional and financial toll that an on-the-job injury can take on you and your family. As a dedicated employee, you work to uphold the values that your employer holds dear to help create and maintain success for your mutual benefit, so you hope that your employer will adhere to OSHA workplace safety guidelines to keep you and your co-workers safe. In the event you do sustain an injury in the workplace, you certainly hope your employer will stand by you when you.
While, by law, businesses in all 50 states are wholly responsible for providing workers’ compensation benefits to employees, there are individual laws according to individual states. Additionally, situations sometimes arise when employers do not feel that a case falls under their umbrella of responsibility. If complications in your case arise, you might need legal help to get justice and receive your rightful payment to pay your medical bills associated with your injury. We want to help you navigate the legal system to pursue your workers’ compensation claim and ease your mind during a difficult time for you and your family.
What Are Grounds for a Workers’ Compensation Lawsuit?
If you experienced a workplace injury, there are some basic items for which you might receive damages, which include:
- Pain and suffering in the present and future due to your work-related injury.
- Lost wages and other financial, and non-financial, benefits you do not receive and enjoy because of your workplace injury.
- Medical bills related to your injury, follow-up care and long-term rehabilitation.
- For married workers’ comp claimants, your spouse might sue your employer for loss of companionship, love, financial security and other spousal obligations and services.
- For married workers and in cases of death, your spouse can file a claim to address financial losses inflicted on your spouse, children and any other dependents in your life.
When Is It Necessary to Sue Your Employer for Your Workers’ Compensation Claim in Civil Court?
Many times, employers will uphold their responsibility to pay you for any and all of those damages, according to your workers’ compensation judge’s decision. However, there are some times and employers try to avoid paying for workers’ comp claims, and you will need to sue for damages. A few scenarios that might lead you to filing suit for damages include the following:
- Your Employer Intentionally Caused You Harm. In such a case, you need to provide evidence that your boss specifically tried to hurt you. One example of such an incident includes striking you. While this type of claim is extreme and not as common as accidental injuries, it is worth exploring if you feel you have a claim.
- Your Employer Does Not Have Sufficient Funds to Pay for Your Workers’ Compensation Claim. All states besides Texas must have workers’ comp insurance. If an employer in any other state does not have the funds to pay you for your injury, they have broken the law.
How Long Does It Take to Resolve a Workers’ Compensation Claim?
This age-old question is complex and difficult to answer; particularly when an employer is adamant about not paying the claim. Your case will rely on the cooperation of several parties, including your employer, your physician, your attorney and most of all, you. As a workers’ compensation law firm, we will encourage you to respond as quickly to requests for information by the workers’ compensation and encourage everyone else associated with your case to do the same.
What Types of Claims Can You Make for Your Workers’ Compensation Case in Civil Court?
Once you leave the realm of your workers’ compensation court and file a civil claim, you will no longer find restrictions on the amount of damages you can claim. Now, on top of the above-referenced claims for pain, suffering and medical bills, you also need to account for punitive damages. The amount that you might claim for punitive damages can far exceed the amount of the original claims and often provides more than enough money to pay legal fees and other costs involved with pursuing your workers’ comp case in civil court.
How Can You Get Started in Pursuing Your Workers’ Compensation Case?
As soon as you suspect that you might need to pursue legal action to receive the damages due to you for your workplace injury, call our law firm today or fill out our free case evaluation form so we can evaluate our case.