If you face a work injury, you have a few decisions to make. Is this the right injury to place a claim for? Are you seriously injured? And, in the event that you do decide to file a claim, what path do you take? Choosing worker’s comp vs civil lawsuit, or vice versa, can take some certain factors. So, before you’re in this situation, it’s important to understand the difference. Many people opt for a comp claim so that they can avoid a lawsuit, however, maybe you aren’t ‘many people’. Or, maybe you tried placing a claim and it didn’t go how you planned. So, we’re here to help.
Worker’s Comp vs Civil Lawsuit: Which Is the Best Choice for Me?
In general, worker’s comp works as a trade off. By which, an employee receives compensation for an injury that happened at work. In return for compensation, the employer becomes protected against that person suing them. So by giving up their rights to sue, an employee can still receive benefits they need because of their injury. For this reason, worker’s comp is usually not concerned with who was at fault, rather it’s a system that follows a set of steps. Whether you or something in the workplace was at fault for the accident, you can still likely receive worker’s comp. For this reason, when it comes to worker’s comp vs civil lawsuit, typically the first move is a worker’s comp claim.
When to choose a Civil Lawsuit…
However, there are a few cases in which a civil suit may be the only or best option for you… For instance, this may be your best option if you feel wronged by your employer. In general, this goes by the term, ’employer’s tort’ and can include a number of work-related wrong doings. Also, if your accident at work was the result of a third party. In this case, you believe someone other than your employer brought about harm to you at work. Finally, you may also pursue a civil suit in the event that your claims become denied. However, you must first go through a number of actions and different departments to handle your case before pursuing it in court.
So, typically, a civil lawsuit is a last-ditch effort for coverage, rather than a first move. In most cases, a civil suit may most likely not be the right action for you. But in some instances, it may be your only option. For this reason, it is good to understand your options and know how to get the best benefits for you.