Does Filing A Workers' Comp Claim Mean I’m Suing My Employer?

No. Workers’ compensation claims are handled by insurance companies. Third-party claims are lawsuits against employers.

Experiencing an injury at work is the beginning of a sometimes long and confusing process of securing benefits that are designed to help you live and recover while dealing with the injury.

It is not uncommon for injured workers to feel somewhat uncomfortable taking action against their employer. Many clients ask our lawyers at The Law Offices of John Drew Warlick, P.A., if seeking workers’ compensation is the same as suing their employer. The answer is no.

Employers And Workers’ Compensation Insurance

Most employers carry a policy to provide for workers’ compensation insurance. (And if they are not, they should be.) Having the insurance coverage means that any workers’ comp claims are handled by and paid out by the insurance company as part of a protection program the employer has. If the employer has 3 or more employees, they are required by state law to carry workers’ compensation insurance.

What About Lawsuits Against An Employer?

There are certain situations in which a lawsuit directly against an employer is appropriate. However, this type of lawsuit would be considered a third-party lawsuit, which would not be handled or paid out by the workers’ compensation insurance company that provides the policy to your employer. A lawsuit such as this would be handled as a civil matter; it’s a type of personal injury claim. In this situation, our North Carolina firm can advise you of your rights and potentially handle this claim on your behalf.

Can My Employer Take Action Against Me For Filing a Claim?

Regardless of who is responsible for paying the claim — your employer or the workers’ compensation insurance company — it is illegal for your employer to take action against you in retaliation for you filing a claim.

Get Answers To Your Workers’ Comp Questions

Call the knowledgeable attorneys at The Law Offices of John Drew Warlick, P.A., today at 910-378-0556 or contact us online to schedule a consultation. Our focus is on helping injured clients, workers or not, get the benefits to which they are entitled. We will handle the legal details so you can focus on your recovery, family, and future.

Visit Our Jacksonville, NC Workers’s Compensation Claim Law Offices