If I File a Workers’ Compensation Claim, am I Suing my Employer?

Way back in 1913, if a worker was injured on the job, employers were not required to provide them with anything and could simply fire the injured worker. The injured worker’s only remedy was to sue the employer in court, hoping to show the employer was negligent.  To protect injured workers and employers, the State Legislature created a system that promised to provide injured workers with benefits without consideration of fault in exchange for giving up the right to sue employers for injuries sustained on the job.  This was the foundation for the Workers’ Compensation (WC) system that still exists today. 

In creating the WC system, the State required every employer to carry WC  insurance coverage for their employees.  Once the claim form is filed with the employer, the employer’s WC insurance company takes over to administer the claim unless the employer was self-insured. It is the WC carrier’s duty to properly administer the WC claim by providing the benefits that are due an injured worker. 

Once the WC carrier assumes handling of your WC claim, your employer is not a defendant nor are you suing the employer.  Rather, you are receiving benefits from the WC carrier.  At Ghitterman, Ghitterman & Feld, we are workers’ compensation specialists who ensure that the WC Carrier is providing you the benefits you are supposed to receive, in the amount you are supposed to receive, and when you are supposed to receive them.  We ensure that you are treated fairly, your claim is adjusted reasonably, and that you receive fair value for your work injuries.