Please reference the Terms of Use and the Supplemental Terms for specific information related to your state. Call us at 1 Filing a Workers Compensation Lawsuit. No Fault System In every state, workers' compensation is a benefit system designed to be "no fault," meaning it is irrelevant whether your employer's negligence carelessness contributed to your work-related injury or occupational disease. Recovery Recovery is the amount of money or reimbursement for medical treatment that you will receive for your injury.
Employees Not Covered by Workers' Comp You are only eligible to file a workers' compensation claim if you are an employee covered by workers' compensation in your state. When You Can File a Lawsuit If you are a covered employee, then in most states you can only file a lawsuit against your employer in very specific circumstances. Filing Lawsuits Against Third Parties In some cases, you may also be able to sue a third party other than your employer who is partially responsible for your injury.
Talk to an Attorney First Third party lawsuits can be especially complicated as a result of co-employment rules built into workers' compensation statutes. Talk to a Lawyer Need professional help? Start here. Practice Area Please select Zip Code. How it Works Briefly tell us about your case Provide your contact information Choose attorneys to contact you. Criteria for membership in Million Dollar Advocates can be found by clicking here.
DeMayo Law Offices, L. Each case is different and must be evaluated separately. Membership is obtained through special invitation and is extended only to those attorneys who exemplify superior qualifications, leadership, reputation, influence, stature, and profile as trial lawyers, both civil plaintiff and criminal defense.
More information can be found at the National Trial Lawyers web site by clicking here. Skip to content. Hurt and Need Help? You can file a lawsuit if you believe a coworker, manager or employer hurt you.
You may be able to file a lawsuit if you were injured by a third party. Keep in mind, however, that winning compensation in a lawsuit will take proving your case before a judge or jury. This may be possible if you bring your lawsuit against a third party — someone other than your employer.
Filing both types of claims could result in maximum compensation for your damages. The right course of action will depend on your specific situation. Skip to content Call Today for your free consultation Menu. How do you know if your situation warrants a lawsuit? Benefits are meant to cover medical expenses and part of lost wages. There are some exceptions for insurers that are part of a preferred provider organization PPO , which gives them some choice over the doctor you see for initial treatment.
Employers are required to provide at least two choices in each medical specialty and give you an option of at least two hospitals to visit. Medical professionals are expected to adhere to the standard of care that other reasonably careful professionals in their field would follow under similar circumstances. If they fail to do so and you were harmed as a result, they may be found negligent and guilty of malpractice in a civil lawsuit.
At the IME, a doctor selected by the insurance company will examine you and then generate a report about whether you can return to work.
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