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Determining When to Sue and When to File Workers’ Compensation

If you have been injured or contracted an illness on the job, depending on the extent and conditions of your injury or illness, you may be eligible to sue your employer or to file a worker’s compensation claim. Determining which plan of action to take can be difficult and strenuous. Below you will find several simple ways to distinguish between the two options.

To learn more about our workers’ compensation legal services in Palm Beach, Florida call (800) 223-1866

According to NOLO, there are several situations in which you may be able to sue for damages caused by work-related injuries, including:

  • If you were injured by a defective product, you might be able to bring a products liability action against the manufacturer of the product.
  • If you were injured by a toxic substance, you might be able to bring a toxic tort lawsuit against the manufacturer of that substance.
  • If you were injured because of your employer’s intentional or egregious conduct, you might be able to bring a personal injury lawsuit against your employer.
  • If your employer does not carry workers’ compensation insurance, you might be able to sue your employer in civil court or collect money from a state fund.
  • If a third party caused your injury, you might be able to bring a personal injury lawsuit against that person.

You may want to file a worker’s compensation claim because workers’ compensation can provide money and benefits to injured workers, but temporary disability and permanent disability payments are usually very low and do not compensation employees for things like pain and suffering, according to NOLO. Additionally, workers’ compensation does not provide punitive damages to punish an employer for poor safety controls or dangerous conditions, according to NOLO.

Lastly, if you are having difficulty determining what each situation above entails, contact a professional law firm that can explain each situation to you and help you determine which category your situation fits into.

According to the Bureau of Labor Statistics, in 2009 there were 3.3 million reported cases of nonfatal workplace injuries and illnesses. If you are experiencing difficulty determining if you should sue your employer or file a worker’s compensation claim, consider contacting the Workers’ Compensation Center today (800) 223-1866. South Florida workers compensation and injury attorney Evan Hoffman and his fellow attorneys provide services to residents of South Florida, including residents of Miami, Fort Lauderdale, and West Palm Beach.

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Evan A. Hoffman

Evan A. Hoffman

Mr. Hoffman’s philosophy is "our knowledge and experience is your best defense." He has been a featured author on criminal law issues such as driving under the influence, domestic violence and illegal searches.

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