Workers' compensation is usually considered a substitute for a lawsuit against your employer. In exchange for not suing your employer in court, you are entitled to workers' compensation benefits, regardless of who was at fault for your injuries. Prior to the creation of the workers' compensation system, employees had no choice but to go to court to recover compensation for their work-related injuries. Now, most employees are automatically entitled to workers' compensation, but at the same time, the employer is automatically protected from most employee lawsuits.
Keep in mind, however, that even if you file a workers' compensation claim, you still may be able to bring a lawsuit if your injury was caused by someone other than your employer, or by a defective product you used on the job, such as a piece of equipment that malfunctioned.
Conclusion
The workers' compensation system of laws is designed to provide a straightforward method for employees to receive compensation for work-related injuries. However, workers' compensation laws vary from state to state, and have quite specific procedural requirements. To ensure that you receive proper and just compensation, it is advisable to contact an experienced workers' compensation or personal injury lawyer soon after you are injured.
