Did you know that if you suffer an injury while you are on the job you are owed monetary compensation for that incident?

We are all used to the basics of tort law, because of stories we hear and things we see on television and in movies.  If someone blows a stoplight and hits your car and you are injured, you can sue them for the damages.  This is called a tort—a civil wrong for which you can seek a money judgment in court.  If you file a tort lawsuit with the district court, then you get a trial date, and you participate in depositions and other discovery and prepare for a trial to present your case to a jury.  The jury has the power to award you nothing, or the power to award you damages without any specific limit, to compensate you for the loss.

In such a case, you must prove these elements:  (a) that the defendant motorist breached their duty of due care they owed you (by blowing the stoplight); (b) the amount of your damages; and (c) the causal link between their negligent act and your damages.  Again, we are used to hearing about this, and the Ellis Law Office is poised and ready to help you if you have a tort case, to maximize your recovery by assisting you in presenting your case.

Ellis Law Offices is also ready to assist you if you are injured on the job.  A work injury case is both just like a tort case in a lot of ways, and quite different in a lot of ways.

In what ways is a work injury case the same as a tort case? — A case of work injury gets filed with a court, and you get a trial date, and depositions can be taken, and paper discovery requests can be made, and there is testimony and cross examination at trial, just like in a tort case, and you get a verdict that can be appealed.  Expert witnesses (almost always doctors giving medical opinion) are important, and can be a significant expense in succeeding.  In all these ways, a work injury case is just like a car wreck case.

How is it different? — The court that you file a claim of work injury with is an administrative court, not a regular court.  Your case will be heard by a single judge that will act as both judge and jury.  There are no juries in workers’ compensation, by law.  Trial is quick—normally a half-day.  The judge takes the medical records after listening to the testimony, and issues a verdict via email later—sometimes months later.

Ellis Law Offices has experience in handling claims of workers’ compensation, and managing and generating evidence and medical expert opinion to assist the best presentation of your case.  We can give you more detailed information on whether you have a viable claim of work injury to pursue, and assist you in pursuing it.

Stay tuned for more information on what the worker’s burden of proof is in a case of work injury.

This information does not develop an attorney-client relationship and is not legal advice.  You should consult with an attorney for advice on any estate planning.   

Author: Peter M. Sand

Ashley Allen