FAQ:  Do Worker's Compensation proceedings ever involve a Lawsuit?

Workers' Compensation is not a lawsuit even if you are represented by a lawyer, and your case is assigned to a Judge. Even if your case goes to trial, there will not be a lawsuit.  In pursuing your case with a lawyer's representation, you will not be suing your employer.  Usually, the case will be defended by a lawyer who represents the Workers' Compensation Insurance Carrier who insures your employer.  In fact, you cannot sue your employer for negligence giving rise to an injury. The principle of law is referred to as the Exclusive Remedy of Workers' Compensation.  If a third party is involved there may be an action available against another company, but only if that company or its employees were negligent.