What are the chances of winning a lawsuit against the company that I work for regarding on-the-job injuries?
Question Details: I was injured and have gone through 2 surgeries but still have not healed. I'm not allowed to go back to work and the workers comp check isn't equivalent to the amount I received when working; it is unlivable wage as I'm taking care of family of 5. My every day life has been affected and ability to make more of income to help my children with school has been affected as well.
If you accepted worker's compensation, you can't sue your employer. Worker's compensation is an alternative remedy to a lawsuit: you can't get worker's compensation and also sue. You either accept the worker's compensation--with the advantage of getting paid quickly, without the time and cost of a lawsuit, and payment guaranteed (as opposed to a lawsuit, which is never guaranteed: even if you think you have a good case, you could lose), but with the downside of generally being less than if you sued--or you could sue--potentially getting more, but also potentially losing and getting nothing; and also having to incur the cost and delays of litigation. You cannot, however, do both. Having accepted worker's compensation, you cannot now sue.