A civil lawsuit is an action taken by one person or entity against another where there allegedly has been a wrong committed; the objective is to seek a legally binding decision and compensation if warranted. The entire objective of workers compensation is to avoid legal proceedings when someone suffers an injury which is work related. The employer is insured either by an insurance company or has elected to e self-insured. When there is a work related injury the insurance takes care of any medical expenses, lost income, rehab expenses and a lump sum payment in the event of incapacitation or death.
The need for a workers compensation attorney:
If an employer is exempt from providing workers compensation benefits and an employee is injured, the employee’s recourse available is to hire a Chicago workers compensation attorney and file a civil suit. The injured employee’s attorney would seek to prove that the employer, through action or negligence was responsible and as a result is also responsible for any costs incurred by the employee. If the case results in a civil action the evidence and testimony will be studied in an effort to determine precisely how the accident happened and who, and to what degree, is at fault.
Third party:
In addition to filing suit in a civil court, an injured employee may also have reason to involve a third party. Assume for a moment that the injury was caused by a rung on a ladder that gave way when weight was put on it. The injured employee would be well within his rights to instruct a Chicago workers compensation attorney to seek damages from the ladder manufacturer. In a case involving a third party, the employer can also seek to recover any monies paid to the employee as compensation.
If you experience any difficulties in settling a workers comp claim you should consider hiring a Chicago workers compensation attorney. For a free evaluation of your case you are invited to contact the Shea Law Group. Follow us on twitter.
