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If My Employer Fails to File my Workers Compensation Claim, can I sue him?

As long as the employer is a subscriber to the worker's compensation plan, it will be the exclusive remedy for any employee seeking to recover for any unintentional injuries that arise while on the job. Meaning, you must file through workers compensation. Courts seem reluctant to punish the employer for his failure to timely file paperwork, instead they focus on preserving the employee's right to receive his benefits.

However, you may be able to bring a separate action for intentional misconduct or breach of the duty of good faith and fair dealing. Also, if it is shown that the employers delay has caused another injury, and that delay was willful or the result of gross negligence, you may be able to seek compensation for damages sustained as a result of the employers conduct.

If you are concerned that your employer didn't file your worker's comp claim in a timely manner, please contact our board certified injury attorneys to find out if you are eligible to bring a separate lawsuit against your employer. Call us now at 888.473.1258, fill out a contact form, or sign up for your free & confidential case review

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