When You Can File A Lawsuit?
It is important to understand the circumstances under which you can file a lawsuit in the civil court against your employer because the circumstances for which you can sue your employer are very few. Here are two situations when you can file a lawsuit; if your employer has intentionally hurt you and if your employer has very little or no workers’ compensation insurance. Remember that you cannot file a lawsuit against your employer even if you are denied of workers compensation claim, but you can ask your workman’s comp attorney to file an appeal with the workers’ compensation appeals board.
How to File a Lawsuit?
First of all you need to know whether you are eligible to file a lawsuit against your employer. If you are, then remember that you will not be limited to the amounts provided by the workers compensation benefits. In addition to reimbursement for medical treatment, lost wages and compensation for permanent disability, you are also entitled to sue your employer for punitive damages, pain and suffering. The process of a lawsuit begins with filing specific documents in the state where the injury occurred or where your employer is located or where you live. In case all these states are different, then you must speak to your Portland workman’s compensation attorney to ensure that your lawsuit is filed in the correct jurisdiction.
Reasons Why You Could Be Denied Of a Claim
Knowing some of the reasons why you could be denied of a claim will help you fight your case better. Following are some of the typical reasons why an insurance company or your employer denies your claim. You were not injured at workplace, the accident didn’t occur within the scope of employment, your injuries aren’t serious enough to claim compensation, medical treatment wasn’t necessary for the kind of injuries you suffered and you do not require time off from work for your injuries.
Tips To Prove Your Case
Proving your case can be a little challenging as your employer is likely to have achieved number of successes dealing with such cases in the past. He is most likely to know the in and out of compensation cases. Therefore, you need to be well prepared to prove to the judge that your employer intentionally hurt you. To establish your claim you should provide sufficient legal evidences to your workers comp attorney to prove that you sustained an illness or injury while on the job. Make sure to provide evidences of the damages you have incurred such as mental or physical impairment, medical expenses, lost wages, etc.