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What is involved in a workers comp lawsuit?

Workers compensation lawsuits involve a situation where a worker, in co-operation with his or her workers compensation lawyers in Iowa City IA sue an employer for damages which are the result of a workplace injury. Lawsuits are also common in cases where a person was killed on the job. Laws allow courts to award significant damages to those injured in the workplace but first the worker must prove to the court that it was an injury in the workplace that caused loss of income or medical expenses.

When a person is injured in a workplace accident the injured party or family members will first off, contact the HR department of the company the injured individual worked for and find out what plans the company has in place to cover the injured parties’ costs. Many companies have insurance which covers injuries in the workplace, if the company does not carry liability insurance to cover the costs or the insurance is insufficient to cover all the expenses then the employee can file a workers compensation lawsuit.

Workers compensation lawyers in Iowa City IA area often have a background in industrial relations, they also have deep appreciation and knowledge of a workers rights and the employer’s liability. Workers comp lawyers are commonly known as personal injury lawyers, they most often work on contingency and share in any damages that the court might award the injured party. In many cases the attorneys will attempt to agree an out of court settlement, this saves everyone concerned a great deal of time and expense. If an out of court settlement cannot be thrashed out then the workers comp lawyer will file a lawsuit on behalf of the client. Depending on the circumstances and severity of the case the lawsuit can be handled either as a civil case or a criminal case.

The injured party, the individual who is making the case is obliged to provide evidence to the court that substantiates the claim, this evidence can be in the form of eye witness accounts as well as documents which include medical records both before and after the alleged injury, in this way the workers compensation lawyers in Iowa City IA can prove that the injury was not preexisting. Statements from medical personal including doctors and nurses are required to confirm that the injuries were of such magnitude that the claimant was prevented from working and earning a wage.

On the part of the employer, he is obliged to show evidence that the employee was injured through no fault of the employer, perhaps a violation of safety practices or simple horseplay was the cause of the accident and subsequent injury.

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