Can I Sue If My Employer Disputes My Claim?

ANSWER

Generally, workers’ compensation claims are handled by an administrative agency rather than the court system.  Because workers’ compensation claims are outside of the court system, these claims have different rules than a traditional lawsuit.  However, once the agency process, including administrative hearings, has been exhausted, the employee or the employer may appeal to either a workers’ compensation appeal board or to a court.

In some states, if an employer or an employee is not satisfied with the workers’ compensation appeal board’s decision, they may then appeal that decision to the civil court system.  This process is specific to each state.  A workers’ compensation lawyer will be able to tell you how the process works in your state and guide you through that process.