Should You Sue Or Get Worker's Compensation?

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Employees who have grievances against their employer because of injury or an occupational disease are usually better served going through the worker's compensation system as opposed to filing a lawsuit.

Although there are some exceptions, general consensus is that you cannot file a direct lawsuit against your employer, especially for reimbursement of medical expenses and other related costs relating to a work injury or occupational disease. Why? Because of the no fault system.

The No Fault System

Both workers and employers are equally protected by the 'no fault' system which is applicable in every state. This system was designed to ensure protection for the employer in order to prevent expensive and time consuming lawsuits. For the employee, this system offers protection by ensuring medical care and time off benefits.

The premise of the "no fault" means that it matters not whether an employee got injured at the workplace as a result of the company's negligence or his own.

What will be taken into account is that the employee got injured at the workplace or suffered an occupational disease in the course of employment. Interestingly, injury to an employee or occupational disease in the course of employment even if caused by the employee's negligence may not deter the employee from getting worker's compensation.

Should you have suffered an injury at your workplace and are unsure whether your behavior might have contributed to the cause of the injury, and are wondering if that might affect your worker's compensation claim, then it would be wise to talk to your workers compensation lawyer for guidance.


As a result of the 'no fault' system, you cannot file a lawsuit and as such you cannot get punitive damages which is money awarded to you to punish your employer. Instead, the amount of money that you receive as reimbursement for medical treatment as a result of your injury is referred to as recovery which is very limited.

Worker's compensation generosity will vary from state to state and will include benefits that include compensation for:

Employees who may not be covered on the worker's compensation or at least are not eligible for it as is the case with volunteers, independent contractors and others can file a regular personal injury claim lawsuit in the event of an injury as a result of negligence from the company. The only people eligible to file a compensation claim are employees covered by worker's compensation.

Although legal tussles involving compensation can be complex, your case can be easier to handle if you get a worker's compensation law attorney involved as early as possible. Contact a firm, like Gilbert, Blaszcyk & Milburn LLP, form more help.