The workers’ compensation system was developed to provide a means for injured workers to receive payment for workplace injuries incurred on the job. An injured employee is not required to prove negligence or fault in order to recover, making recovery through workers’ compensation more certain than the outcome of a civil trial. In exchange for this certainty, however, the employee is prohibited from suing the employer, and the amount of recovery is limited to a pre-determined statutory amount established by the legislature for each type of injury.

The process for filing a claim and having it approved is nevertheless fraught with complicated rules and procedures, and legal help is often needed to successfully navigate the state’s workers’ compensation system. The process may require hearings and appeals before workers’ compensation judges and the Workers’ Compensation Appeal Board in the Office of Adjudication. Having legal representation in these quasi-judicial proceedings can help ensure that your rights and interests are protected.

Finally, not all on-the-job injuries are exclusively addressed by the Workers’ Compensation system. In numerous instances, a third-party may be responsible for causing the accident or injuries. In those cases, a civil lawsuit may still be pressed against the negligent third party, sometimes in addition to a worker’s compensation claim.