On The Job: Do I Have A Case Against My Employer For A Work Injury?
If you’ve been injured on the job, your first instinct may be to file a workers’ compensation claim. However, if your claim is denied, you may be wondering if you have a case against your employer. Let’s go over the different types of cases that employees can bring against their employers. We will also provide some tips on how to choose an employment lawyer and what to expect during the legal process.
Table of Contents
Employment Law
The first type of case that employees can bring against their employers is an employment law case. Employment law cases involve claims of discrimination, harassment, or wrongful termination. Each of these cases can be litigated in or outside of court.
Immigration Law
Another type of case that employees can bring against their employers is an immigration law case. Immigration law cases typically involve claims of employer misconduct during the visa process or claims of undocumented workers being exploited by their employers.
Criminal Law
Criminal law cases are the most serious type of case that employees can bring against their employers. Criminal law cases typically involve claims of fraud, embezzlement, or theft. If you believe that your employer has committed any type of criminal act, you should consult with a criminal lawyer to discuss your options.
Worker’s Compensation Lawsuits
If you’ve been injured on the job, you may be entitled to workers’ compensation benefits. However, if your employer denies your claim or does not provide adequate coverage, you may want to file a worker’s compensation lawsuit. Worker’s compensation lawsuits are typically handled by worker’s compensation lawyers.
How to Choose an Employment Lawyer
When choosing an attorney, it is important to choose someone who specializes in employment law like www.rosenfeldinjurylawyers.com/worker-compensation.html. Cases like these come with several specifics that only a tenured employment lawyer will know.
You should also choose a lawyer who has experience handling cases similar to yours. Additionally, you should make sure that the lawyer you choose is licensed to practice law in your state.
What to Expect During the Legal Process
If you decide to file a case against your employer, you can expect the legal process to take several months. There are several moving parts in these proceedings, and your employer will most likely offer a lot of pushback as you pursue your claims. Resistance can come in many forms like refusal to provide documents, actively hiding information, and even terminating your employment. Despite the challenges you may face during the legal process, it is important to stay focused on your goals and remember that you have rights as an employee.
What records prove relevant to your case, be sure to keep track of them. This includes but is not limited to: your work schedule, any changes in job duties or responsibilities, performance reviews, and communications with your employer (e.g., emails, text messages, and memos). If you have been injured on the job, be sure to keep track of all medical records related to your injury. These records will be important when it comes time to file a claim or lawsuit.
Speak with witnesses who can attest to the events leading up to your injury or termination. These witnesses can provide valuable information that can help support your case.
During the legal process, your lawyer will gather this evidence and depose your witnesses. After your lawyer has gathered all of the necessary information, he or she will file a complaint with the court. Once the complaint is filed, your employer will have an opportunity to respond. The case will then go to trial if it cannot be resolved through settlement negotiations.
Civil Suit Vs Criminal Suit
When deciding whether to file a civil suit or a criminal suit against your employer, you should first consult with an experienced lawyer. The decision of whether to file a civil suit or a criminal suit will depend on the specific facts of your case.
Civil suits typically involve claims of discrimination, harassment, or wrongful termination. Criminal suits typically involve claims of fraud, embezzlement, or theft. In civil suits, you’re often seeking compensation in some way, whereas criminal cases may result in your employer facing jail time.
In some instances, you may even be able to pursue both. For example, if you’ve been the victim of sexual harassment, you may be able to file a civil suit against your employer and also report the incident to the police, which could lead to a criminal investigation.
If you’ve been injured on the job, you may be wondering if you have a case against your employer. Speak with an attorney and have them present you will all possible options of compensation.
Biswajit Rakshit is a professional blogger and writer. He loves to write on various topics.