Deciding Whether or Not to Sue Your Employer for a Workplace Injury
Answers from a Nassau County Work Injury Attorney
In most cases, an injured worker is well served by accepting workers compensation benefits, unless the legal advice of a work injury attorney Nassau County offers suggests otherwise. As a general rule of thumb, less severe injuries are sufficiently handled by accepting a benefits package. However, more severe or fatal injuries might be better addressed with a personal injury claim against the employer. This is particularly true if the worker died or if they suffered permanent damage in a workplace injury. Another scenario in which a lawsuit might be more appropriate is when the accident was caused by a third party, and the employer or their workers compensation carrier refuses to pay you benefits.
At Polsky, Shouldice & Rosen, P.C., we are familiar with each of these scenarios. We have also learned that because each case is unique due to the circumstances involved, it’s best for a workers compensation lawyer from our firm to review a case before offering guidance. For this reason, we offer a free consultation to workers who were seriously injured on the job, and to families who lost a loved one in a workplace accident. Call us today to schedule an appointment if this describes your situation. We strive to offer victims a work injury attorney Nassau County employees rely on when they need legal assistance.
What are the advantages and disadvantages of workers compensation?
As mentioned previously, workers compensation benefits can be adequate in the majority of cases. However, there are times when they are not and the worker should consider alternative options carefully.
Advantages of workers compensation: Workers compensation benefits are provided by the employer and their insurance carrier on a no-fault basis. What this means is that even if it was the worker’s fault, an injury resulting from a workplace accident should still be covered by workers compensation benefits. As a result, you will not have to prove your case that it wasn’t your fault. However, if your employer still refuses to honor your claim, call us. If your employer or their insurance carrier refuses to provide sufficient benefits to treat your injury, we may be able to help you.
Disadvantages of workers compensation: Workers compensation benefits are rarely sufficient in cases where a worker suffers a permanent injury. Not only might that injury cause a lifetime of pain for which you will not receive compensation, it might affect your ability to perform your job. The latter could result in losing your job through no fault of your own.
What are the advantages and disadvantages of pursuing a civil lawsuit?
Advantages of filing a personal injury lawsuit: As opposed to workers compensation benefits, a personal injury lawsuit can include damages such as emotional suffering, loss of enjoyment of life, and similar non-physical injuries. In the most egregious of workplace accidents, these types of damages are very real and can negatively impact the victim for life.
Disadvantages of filing a personal injury lawsuit: Unlike workers compensation benefits, there is no guarantee that your lawsuit will be successful. (However, a workers compensation claim can be denied, so there is no guarantee with that scenario, either.) Though you can pursue a lawsuit on your own without hiring an attorney, this is rarely successful. As a result, you will have to pay a work injury attorney in Nassau County to pursue legal action on your behalf. However, at Polsky, Shouldice & Rosen, P.C. we do not charge injured workers in advance of pursuing a lawsuit. And, if we do not win a judgement or negotiate a settlement, you will not owe us anything.
A Nassau County Work Injury Attorney You Can Rely On
If you are faced with the decision of accepting workers compensation benefits or filing a lawsuit after sustaining a serious workplace injury, call today to request a free case review with a work injury attorney in Nassau County from Polsky, Shouldice & Rosen, P.C.