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Can I Sue My Employer if I'm Filing for Workers' Compensation?

If you’ve been injured on the job, you should be compensated for your injuries. Sometimes, however, workers’ compensation isn’t enough to cover your medical expenses after your accident. Generally, workers’ compensation laws do not permit claimants from filing a regular lawsuit for damages related to your workplace injury. There are specific instances that may allow you to file a lawsuit against your employer, in addition to receiving workers’ compensation.

When Can I File a Lawsuit Against My Employer?

Typically, a workers' compensation claim waives your right to sue your employer in a regular lawsuit, but there are limited circumstances that may allow you to bring a civil lawsuit against them. These situations include:

  • You were purposefully injured by your employer. You must be able to prove that your employer took action with the specific and direct intent of causing you harm. Negligence to protect employees does not fall into this category.
  • Your employer has insufficient or does not have workers’ compensation insurance. If you cannot receive the compensation you are entitled to because your employer does not have the right amount of workers’ compensation coverage, you may be able to sue your employer to recover damages for your injury.

If your workers’ comp claim has been denied, you still may not file a claim against your employer. Instead, you may use the appeals process to request a review of your claim.

Supporting Your Case

If you are seeking a lawsuit against your employer after filing for workers’ compensation, you will need to support your case and demonstrate to the court that you are eligible for a lawsuit. You will need evidence to demonstrate that your employer intentionally caused you injury or was underinsured for your claim. You also will need to provide proof of your medical expenses, your lost wages, and any permanent mental or physical injuries that resulted from your workplace injury.

Your claim deserves full and fair compensation, but it can be a struggle to receive the damages you are owed. If you have been injured on the job, don’t hesitate to speak to our Woodstock workers’ compensation attorneys. Our experienced and dedicated team can help you file your claim and fight for your right to compensation. At Warlick & Craig, P.C., we believe that your best interests should be our goal, and we can help you find the best possible options for your case.

Contact our offices to schedule a free consultation.

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