Do Work Comp Claims Go to Court?

When you’re hurt on the job, your first step toward workers comp benefits is filing a claim. If you’re denied, a lawyer can guide you through the entire mediation process to ensure you receive fair treatment.

That said, in a small number of cases, people who have been hurt on the job find themselves fighting their employer in court to get coverage for medical bills and regain financial stability. This creates l hardships for families. 

Knowing when work comp claims go to court and when to bring a lawsuit against your employer is the first step in claiming the money you’re due. The attorneys at Conway, Pauley & Johnson P.C. can show you how the laws apply to your case and provide you with insights to help you make the best decisions possible.

When You Should Take Work Comp Claims to Court

When you’re facing a workers comp claim, you may struggle to determine the best time to file. Here’s when you may be eligible to take your claim to court:

• Your Employer Refuses to Help – When you’re hurt on the job, your employer and the insurance company should take action to help you. Unfortunately, they may instead ignore your claim or deny you outright. If they refuse to work with you, you have grounds for a court case. 
• If You’re Denied Benefits – Workers should be able to rely on workers compensation when an injury makes working impossible. But if you’ve taken the steps to mediate and work with your employer, taking your claim to court may be your next option. 
• If the Judge Rules Against You – If the judge decides that no compensation is due or it is less than what you requested, you may need to appeal your claim. If this happens, your claim may be seen in a higher court. 

Work Comp Claims and the Court System

When you file a work comp claim, it’s typically seen in the Nebraska Workers Compensation Court. If your case does go to court, rather than settling, you and your lawyer will present your case to the judge, who will hear your side and your employer’s before making a decision. 

Keep in mind that this is a different court system than a personal injury claim or other court proceedings. Because of this, getting a lawyer to represent you, even if you’re familiar with small claims court, can give you peace of mind and experience on your side. 

Understand the Claims Process with a Work Comp Lawyer

It can be stressful to make sense of whether your work comp claim should be taken to court, and it can be even more stressful to face potentially lengthy court proceedings as well as negotiations with the other side in mediation. Fortunately, you don’t have to face mediation or the courtroom alone. 

Our goal is to help injured workers get paid and back to work sooner with the representation they need when facing an injury. When you’re ready to learn more about your options, reach out for a free consultation from the lawyers at Conway, Pauley & Johnson P.C. Give us a call at 402-462-5187 or fill out the following online contact form.