Why can I choose to file a lawsuit against my employer instead of making a workers comp claim?
• The workers’ comp system stands for compromise. Both sides give and take. While you can’t file a lawsuit against your employer, you do know if your injury is work-related, you can recover on your claim. Your employer, on the other hand, can’t raise certain legal defenses that might defeat your claim in a lawsuit. Also, while the employer has to pay your claim, it isn’t exposed to uncertain damages awards possible in a lawsuit.