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How To Decide To Sue or Collect Workers’ Compensation

Florida Workers Comp
Florida Workers Comp

After being injured on the job, you may find yourself in a precarious situation. You are injured and you cannot work, and you’re desperate for that regular paycheck. But, what is the best option for your situation? Should you sue or just collect workers’ compensation?

Unfortunately, the answer is not as simple as one or the other. Instead, there are a few things you need to consider first.

Will Workers’ Compensation Cover You?

Workers’ compensation is an insurance provided through your employer. It covers work-related injuries that occur while on the job. Each policy has their own coverage limits and liability requirements, but most will allow an employee to receive compensation for their injuries on the job, including those that were due to their own negligence.

In most cases, you will receive lost wages and medical bill coverage through your workers’ compensation. They may cover long-term injuries and care, but there is a limit as to how much you will receive through workers’ compensation. If worker’s compensation coverage is inadequate or you were denied coverage, it may be better to sue your employer than rely on insurance.

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Medical Care Isn’t Always Covered

It is important to review the coverage you’ll receive with workers’ compensation, specifically medical care. Some policies make it very difficult to receive medical coverage – even if the policy states they cover medical costs. In fact, some employees will spend more money fighting to receive compensation than what they end up receiving. If your medical care won’t be covered, it may be better to sue.

The Injury Wasn’t Necessarily Your Employer’s Fault

You may have a potential lawsuit if your work related injury was due to other reasons, such as:

  • Malice. Your employer intentionally chose to harm you.
  • Third party negligence. Another company, such as the product manufacturer, was at fault – not your employer.
  • Product defect. A safety mechanism that should have prevented injury failed; therefore, you were injured on the job.

Consult with a Personal Injury Attorney Today

A personal injury attorney can assess your case and help you decide whether a personal injury suit or workers’ compensation claim is better for your injury. Because you have limited time to file your workers’ compensation claim, it is imperative that you speak to a member of West Palm Beach Workers Comp attorney at the Sternberg | Forsythe, P.A. law office right away. Contact us today for a free consultation by calling 561-687-5660.

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