Workers' compensation insurance usually provides financial compensation to an injured employee, including temporary or permanent disability payments in certain situations. However, this type of compensation may not cover all the relevant medical expenses and does not allow for additional payments to compensate for pain and suffering. Workers' compensation doesn't penalize the company for creating an unsafe environment, which is why workplace injury lawsuits usually include punitive damages.
Due to workers' compensation insurance limitations, some injured employees may choose to file a private lawsuit against the party responsible for the injury. These cases may fall under several legal categories. For example, you could file a personal injury lawsuit if the injury was due to an employer's negligence. Companies that don't carry workers' compensation insurance may face a lawsuit in civil court.
State laws generally govern workers' compensation issues. In Oklahoma for example, you may first seek compensation through your employer's insurance. However, if your injuries are not covered or you dispute the settlement amount, you may file a claim with the Workers Compensation Commission. A Lawton personal injury lawyer who specialize in workplace injury cases can complete the official forms initializing legal action.
In a workplace injury lawsuit, the burden of proof is on the injured worker to prove the employer was legally responsible. If you choose to bring a workplace injury suit, you should work with an experienced attorney to gather all the relevant evidence prior to filing legal action. If you are successful and meet eligibility requirements, you may also receive disability benefits from the state.