Do You Have to Sue to Get Workers' Compensation?


If you get hurt on the job, you have the right to get compensation for your injuries. That compensation will usually come through workers' compensation. Is this something you need to sue for? Here's what you should know.

What Is Workers' Compensation?

Workers' compensation is a type of insurance. Employers buy it to protect their workers from workplace injuries and also to protect the employer from having to pay for those claims directly. Nearly all employers are required to carry workers' compensation by law.

If you get hurt on the job, workers' compensation is like using any other type of insurance. You need to report the accident where you got hurt and will usually need to provide medical documentation to support your claim.

Do You Need to Sue to Get Workers' Compensation?

You should not need to sue to get workers' compensation. Since it's an insurance product, you should just be able to make the claim, provide copies of your medical bills, and get reimbursed. In many cases, this will be all that you need to do.

There may be situations where the insurance company tries to deny or undervalue your claim. They may say your injuries didn't happen at work, that you don't have enough proof of your injuries, or that your costs aren't as high as your claim is for. This is where a worker's compensation lawyer would come in. They'll work with the insurance company to get what you're entitled to. If you can't come to an agreement with the insurance company, you might need to sue to get your full benefits.

Do You Have to Prove Your Employer Did Something Wrong?

Your employer doesn't need to have done anything wrong for you to receive workers' compensation. Workers' compensation is no-fault insurance. That means you only need to prove that you got hurt at work — not that anyone was at fault for your injuries.

Can You Still File a Personal Injury Lawsuit?

If you get injured on the job, your primary way of recovering is through workers' compensation with the help of a workers' compensation lawyer if necessary. If you filed a personal injury lawsuit, your claim would probably be covered by workers' compensation anyway. You can't receive both workers' compensation and a personal injury settlement. You would only potentially have an additional lawsuit if you had losses that weren't covered by workers' compensation.

To learn more, contact a local workers' compensation lawyer today.


15 April 2021

Your Questions Answered About Accident and Personal Injury Attorneys

When a person is involved in an accident that's caused by someone else, they may need to speak with an accident and personal injury attorney. Mounting costs of medical care and time off from work can cause money problems for people who are injured. Those who hire an attorney can often receive monetary compensation from the responsible party. We aren't involved in the legal profession, but we do understand the stress that injuries and medical bills can cause. We've researched legal information and written this blog to help those who are in this situation. We hope the articles on our site will answer the questions you have about accident and personal injury attorneys.