Workers’ Compensation Litigation

Workers’ compensation law addresses legal concerns differently than other areas of tort law. While personal injury law or even other employment concerns can go through the same court systems, workers’ comp suits have their own administrative courts. Although some have described this system as simpler than standard civil courts, complexity is not necessarily lost because of a different court environment. As a result, workers’ compensation litigation can certainly be confusing to the average worker, and certainly require the services of an attorney.

According to the administrative court system used in these cases, compensation lawyers find themselves representing their clients’ claims against either an employer or the employer’s insurer. Either one of these entities can challenge a claim, which is a move usually taken up to protect from compensation abuses. However, these challenges can put workers into a more complex arena of litigation, which requires legal knowledge to be successful.

Often, attorneys within a certain area will get to know judges and other lawyers from experience in the courtroom. Given that workers’ compensation courts tend to have a more relaxed attitude towards evidence for injury, and can depend on medical testimony and expertise, the ability to correctly present evidence and advice can be crucial to a case’s success.

However, those looking to file for workers’ compensation should consult with an attorney prior to litigation. The paperwork and organization necessary to file a claim can be sources of distress for some people, especially those just beginning to recover from a serious injury. For those workers, the knowledge and experience of a legal adviser could be extremely important to their claim.

If you would like to learn more about potential benefits and compensation for on the job injuries, how to file for these benefits, and how to make a strong claim, contact a workers’ compensation lawyer.

Employment Law