If you or someone you know has injured their back while on the job, there are many different avenues to take for compensation. The medical bills, lost wages, and pain and suffering can add up to huge settlements or verdicts, if it comes to that. Worker’s Compensation is designed to cover both employers and employees in work injuries. Lawsuits are handled in court and normally require a specialized New York City Back Injury Attorney firm and many proceedings, so determining which one is best for you can speed up your compensation.
With most injuries at work, an employee cannot sue the employer for damages as there are preset limits and insurance to cover medical payments and lost wages. In order to sue your employer in civil court, certain circumstances must be met. If your employer directly and intentionally harms you, a lawsuit could be made. Being careless is not justifiable cause for a lawsuit. Also, if your employer failed to get adequate Worker’s Compensation insurance, including having no insurance at all, a civil court lawsuit can be filed for damages as you are not protected.
Only in civil court can certain compensation be filed for in a lawsuit. While medical payments and lost wages are covered in both court and Worker’s Compensation, only in civil court can pain and suffering be demanded. Pain and suffering is a unique claim, because the amount is not based upon documented records, but on the acts of the employer. Normally the more egregious the acts, the higher the pain and suffering claim can be. If you do take a case to civil court, the Worker’s Compensation department must be notified.
Because of the limited grounds on which you can sue your employer, proving your case can be challenging. Without certain evidence such as witnesses or camera footage, showing your employer had intent to cause physical harm to you is near impossible. If there is a case for a lawsuit, be sure to bring all of your paperwork to ensure your compensation. This paperwork includes medical bills, previous paychecks, and doctor’s notes on your injuries and impairment.
If you find yourself needing a New York City Back Injury Attorney, look for a highly specialized and experienced firm. Using recommendations and previous cases to see if they have handled cases like yours in the past. Make sure to give the lawyer all of the facts and documentation so that your case goes as smoothly and effectively as possible.