What is a workers compensation lawsuit?

by | Jun 5, 2014 | Law, Lawyer, Lawyers

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When a worker sustains injuries in the workplace he or she has the right to sue the employer for damages caused by the accident. Lawsuits are also very common when a worker is killed on the job. In the United States courts are allowed to award substantial damages to workers injured on the job but first the worker must prove in court that the injury he or she received was caused by negligence and the worker lost income or had medical expenses.

In the event of injury on the job the employee will approach the HR department and find out what the company plans on doing to cover the costs. In the event the worker was killed on the job this task is left to the family of the deceased worker. Most companies are insured and this liability insurance covers injuries that happen in the workplace but if the insurance that the company has is insufficient to cover the costs associated with the injury or if the company is not insured, then the employee has theright to engage a workers compensation attorney in Chicago and file a workers compensation lawsuit to recover all the damages and more.

A workers compensation attorney in Chicago often has in depth knowledge regarding the rights of workers and employer liability, in many cases the attorney comes from a background in industrial relations. Personal injury attorneys are compensated with a share of the award that is granted to the injured party by the court but in most cases the attorney and the plaintiff attempt to negotiate an out of court settlement. If the insurance company will not settle then the case will go in front of a judge. A lot depends on the circumstances and the severity of the case when the determination is made to hear the case in civil court or criminal court.

The individual suing must be in a position to provide ample evidence to the court; this often includes eyewitness accounts from other workers. The attorney will by this time have gathered all the medical records from before and after the accident to prove that the injury claimed was not pre-existing. The court will often call the injured persons doctor and other medical personnel to substantiate the claim that the injury prevented the worker from earning a living.

The employer is given an opportunity to refute the employee?s statements and evidence in an effort to prove to the court that the employee is not entitled to compensation, perhaps due to violating a safety regulation. Once both parties have had their say the judge will review the evidence tendered and make a decision.

If you have been hurt on the job and believe you have a claim, call an experienced Chicago Workers Compensation attorney today at Bizzieri Law Offices.


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