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How To Determine If You Can Sue Your Employer

Posted by Bautista Leroy | Jan 02, 2020 | 0 Comments

determine if you can sue your employer

Bautista LeRoy Law Firm seeks to help those searching for answers regarding "How can you determine whether you can sue your employer?". Our attorneys boast decades of combined experience and specialize in personal injury law for Kansas City Metropolitan Area clients involving car, truck, and motorcycle accidents as well as nursing home neglect cases - with consistently exceptional results for each of them.

This article investigates whether or not employers may be sued for workplace injuries. This piece also details what steps should be taken before filing suit as well as discussing legal processes and the advantages of hiring an attorney.

 

Can I file suit against my employer for workplace injuries?

Many workers wonder whether or not they have grounds to sue their employer if they become injured on the job, which ultimately depends on your state laws. Workers' compensation laws provide employees an easy route to receiving benefits without needing to prove fault and legal recourse - typically covering medical costs, lost wages, and rehabilitation expenses.

There may be exceptions, lawsuits could become necessary if your employer goes beyond negligence into intentional harm or gross misbehavior categories. Personal injury suits could also become necessary if your employer lacked workers' comp coverage and you were injured by third parties.

 

What to consider before suing your employer?

  • Workers' Compensation: Benefits can often be obtained without litigation - providing an easier, quicker, and less stressful route.
  • Evidence: Do you have evidence supporting your claim? This could include medical records, witness testimonies, or photos taken at the scene of an accident.
  • Legal Basis: Understanding your case prior to initiating legal proceedings is of utmost importance.
  • Impact on Employment: Litigating against an employer could negatively impact your job by altering relationships among colleagues or management.

 

What should I expect if I sue my employer?

Once you initiate litigation against an employer, it's important to understand what to expect. Your attorney will gather all relevant evidence - medical records or witness statements as appropriate - supporting your claim.

Your attorney will file a lawsuit on your behalf and this process could involve various stages such as discovery, negotiations, and court trials (though many cases settle out-of-court). Should legal procedures become necessary, legal procedures could last an inordinately long time until reaching a resolution.

 

Why would it be beneficial to hire a personal injury attorney?

Hiring a personal injury attorney when filing against your employer can be beneficial, providing guidance through the legal system and handling technical details necessary for building an effective case.

Attorneys can assist in demonstrating employer negligence, negotiating with insurance providers, and representing you should it become necessary in court. Furthermore, personal injury attorneys work tirelessly to make sure their clients get adequate compensation.

 

When is it best time for me to hire an attorney?

Once involved in an accident, seek legal advice immediately - especially in situations like:

  • Your injury appears serious or permanent.
  • Your application for workers' compensation was denied.
  • You believe your employer caused your injuries.
  • A third party could be to blame.
  • Your employer does not have workers' compensation coverage.

 

What criteria must be considered when selecting an attorney?

  • Experience: Do they specialize in personal injury law and have experience handling similar cases as yours?
  • Reputation: Choose an attorney with proven success records by gathering referrals and researching case outcomes.
  • Communication: Your attorney should respond swiftly and keep you up-to-date about the status of your case.

 

Why Choose Bautista LeRoy LLC?

Bautista LeRoy's team of personal injury attorneys excels at representing those injured at work and understands their unique legal requirements. Experience and dedication have enabled our firm to successfully secure substantial settlements and verdicts for clients facing similar circumstances. We offer resources, experience, and determination for complex cases that need legal support.

 

Suggested Action Steps

  • Consult an Attorney: Schedule an appointment with an experienced personal injury attorney and go over all the details of your claim.
  • Collect Evidence: Gather documentation such as medical records, accident reports, and contact info of witnesses.
  • File Workers' Comp: Do not delay filing a workers' compensation claim.
  • Prioritize Your Health: Always put your health first before taking legal action.

Decision-making on whether or not to file suit can be daunting, so carefully weigh all factors and consult a personal injury attorney to protect your rights and guarantee positive outcomes. Contact us today at 816-221-0382 or send us an email on our Contact Page. Serving Kansas City, MO and KS as well as surrounding areas of Benton County and St. Louis.

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At Bautista LeRoy, we focus on Elder and Nursing Home Abuse, Defective Products, Trucking and Auto Collisions, Railroad Crossing Litigation, Wrongful Death, Medical Malpractice, and Civil Rights and we are here to listen to you and help you navigate the legal system. Serving Kansas City, MO and KS, Arkansas, Illinois, as well as surrounding areas of Benton County and St. Louis.

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Bautista LeRoy is committed to answering your questions about Elder and Nursing Home Abuse, Defective Products, Trucking and Auto Collisions, Railroad Crossing Litigation, Wrongful Death, Medical Malpractice, and Civil Rights law issues in Missouri. Serving Kansas City, MO and KS, Arkansas, Illinois, as well as surrounding areas of Benton County and St. Louis.

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