The purpose of having workers’ compensation is to avoid civil litigation between an employer and employee and to provide an expedited way for employee to receive compensation while recovering from their injuries. However, there may be circumstances where a lawsuit is permitted or necessary for full recovery from the employee’s injury.
A typical workers’ compensation case occurs due to an employee’s injury on the job. The employee files a claim, the Workers’ Compensation Commission reviews the claim, and then the employee receives benefits or the Commission has a hearing to decide whether benefits are due. However, there are some cases where a civil lawsuit is more fitting for the employee’s claim.
An employer who is exempted from providing workers’ compensation insurance does run the risk of having an employee’s lawsuit for work-related injuries. In addition, if an employee is injured due to intended actions of the employer. For instance, a sexual harassment claim could result in recovery through both workers’ compensation and civil action.
Another circumstance in which a lawsuit may be included in a case is when an employee’s injuries are caused by another person’s fault. The employee can recover through workers’ compensation claims and a civil action against the third party whose fault causes the injury. In these cases, the employer might also bring a civil action against the third party for expenses caused by the workers’ compensation claim filed by the employer’s employee.
In any event, it is important to discuss all possibilities for action with an attorney who is knowledgeable in personal injury and workers’ compensation law. If you or someone you know has been injured on the job, the best thing to do is to speak with an experienced attorney as soon as possible. Here at The Law Office of Chase Harbin, we will provide you with a free consultation of your case. We have the experience in workers’ compensation practice and can guide you through the decision-making process. We are ready to help get you the compensation you deserve and we will not accept any fees until you receive a favorable settlement or judgment on your claim.