The Discovery Phase of Workers Compensation Lawsuits

In the event of an on the job accident, Workers Compensation in Riverside & San Bernardino is there to provide financial support for medical treatment as well as partial salary while the worker is on medical leave. Workers Comp allows for a smoother process for both the injured employee and the employer. Extensive and costly lawsuits are not necessary to get compensation from a work accident with Workers Compensation legislation in place. In the system of Workers Comp, the benefits are “no fault”, which means no matter who was at fault, or if the incident was an accident, the injured employee will still receive compensation. With this system, the employer is immune to negligence lawsuits.

In some instances, however, the injured party may sue the employer or the company. These circumstances include, but are not limited to: refusal or denial of workers compensation claim, premature termination of compensation benefits, or in the instance of a third party injury. When brining about a lawsuit against your employer or a third party in the case of a work accident, the discovery phase is the most important step in the lawsuit process that will determine the result of the case.

The discovery phase is when both parties must compile evidence for their side of the case. Some cases are dropped or settled in the discovery phase if either party cannot provide sufficient evidence to prove their case. To gather evidence for their case, attorneys may use various methods, such as: submitting questions to the opposite side to be answered, calling in witnesses, the use of relevant documents, private investigation, and even physical and mental examinations of the injured party.

With the completion of the discovery phase, both parties must submit a brief to the court, stating the facts and evidence they gathered to support their case. Cases may be dismissed in the summary phase, if a judge decides one side does not have sufficient evidence. If the case is not dismissed, it will be sent to trial, where either a judge or jury (depending on the state’s laws) will decide the verdict.
As shown here, cases involving personal injury and workers compensation benefits can be complicated. It is advised that you speak to an attorney as soon as possible after a work injury takes place. If you believe you are not receiving benefits that you are entitled to as an employee, then contact an attorney immediately. Let a licensed attorney, preferably one with experience in the field of personal injury, take on your claim and fight for the rights and benefits you deserve as an employee.