Workers Compensation: Can I Sue My Employer Instead? #how #to #sue #an


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Workers’ Compensation: Can I Sue My Employer Instead?

Generally, you are barred from suing your employer for a workplace injury. This is because when employers provide workers’ compensation insurance for the benefit of their employees, they are typically protected from defending personal injury claims brought by those employees. This workers’ compensation system was established as a trade-off in which injured employees give up their right to sue employers in court in exchange for the right to receive workers’ compensation benefits. regardless of who was at fault for their injuries. This is known as a no-fault system. However, there are some important exceptions. Read on to learn more about these exceptions.

Suit for an Employer’s Torts

If you were injured at work and you believe your employer intentionally caused you this harm, you can bring a suit for an intentional tort in civil court. Tort injuries include not only physical harms, but also non-physical injuries such as emotional distress. Here are the most common intentional torts:

  • Battery – injury to your person, i.e. you have been hit by someone or something
  • Assault – an attempted battery, or the threat to commit a battery
  • False Imprisonment – confinement against your will, without legal authority
  • Intentional Infliction of Emotional Distress – you have been emotionally traumatized by truly terrible conduct
  • Fraud – someone lied to you and it caused you to suffer injury
  • Defamation – when someone says something false about you and it causes you harm, including libel and slander
  • Invasion of Privacy – there are four types of invasion of privacy, but it generally means either your private information or photos of you were exposed to a large audience
  • Conversion – when someone takes your property and makes it their own
  • Trespass – someone entered your property or used your property without your permission

Suit for Injuries Caused by Third Parties

If you were harmed at work and you believe someone other than you or your employer was responsible, i.e. a third party. you have the option to sue that party. For example, if you believe your injury was caused by defective equipment, you can file suit against the equipment’s manufacturer. However, if you are awarded damages you may have to pay a portion of the recovery back to your employer or your employer’s insurance company, to repay the workers’ compensation benefits that you received. Alternatively, your employer and its insurer may be allowed to become parties to your lawsuit to recover the value of the paid workers’ compensation benefits for themselves.

Suit for the Wrongful Denial or Termination of Workers’ Compensation Benefits

Usually, workers’ compensation claims are pursued through the administrative process and not through the court system. You cannot appeal your benefits award until the administrative process has been completely exhausted, and all parties have taken every step they can to settle a claim. Then, you must appeal to a special workers’ compensation board or a specially nominated court. Only after you have satisfied all statutory process requirements can you seek redress in the civil court system. This process is specifically controlled by each state. To be certain you are fully aware of your rights, you should retain an attorney familiar with the workers’ compensation system in your state.

Get a Free Initial Claim Review Today

It’s not always clear whether you have a workers’ compensation claim or a civil claim against your employer, and making that determination often requires the expertise of a trained attorney. If you need help figuring out your next steps, consider having an experienced workers’ compensation attorney provide an initial review of your claim today at no charge.


Martha C #attorney, #lawyer, #partner, #lawsuit, #divorce, #dispute, #complaint, #corporation, #partnership, #business


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Certified Specialist in Tax Law. Arizona Board of Legal Specialization

Martha Patrick is a peer review rated AV Preeminent attorney who has been recognized by The Best Lawyers in America in the field of Tax Law every year since 2008. Martha was named 2014 and 2016 “Lawyer of the Year” in Phoenix for Tax Controversy and Litigation, a prestigious honor as only one attorney in each metropolitan market is named in represented practice areas. In addition, Martha has been selected as a Southwest Super Lawyer from 2007-2016 and as one of Arizona s Finest Lawyers since the program began in 2011.

Martha joined Burch Cracchiolo in 1987 after nine years as a senior trial attorney in the Office of Chief Counsel of the Phoenix and San Diego Districts of the Internal Revenue Service, handling both criminal and civil tax controversies. She also worked closely with the Criminal Investigation Division of the IRS, providing advice and legal representation in criminal tax investigations.

Martha is Certified as a Tax Specialist by the State Bar of Arizona. Her practice deals exclusively with tax controversies, handling both civil and criminal matters. Drawing on her experience with the IRS and her first-hand knowledge of its practices and procedures, as well as over 25 years of experience serving clients in private practice, Martha represents taxpayers involved in civil and criminal tax controversies before the Internal Revenue Service, the Arizona Department of Revenue and other taxing agencies, from the inception of a tax audit, the administrative appeal and litigation before the United States Tax Court, the United States District Court, the Arizona Tax Court, and the federal and state courts of appeal. She also represents clients in tax collection matters, negotiating installment payment agreements, offers in compromise, voluntary disclosure and amnesty matters, and seizure and forfeiture actions. Martha has considerable experience handling levy enforcement and lien matters, currency violations and all forms of civil and criminal tax investigations.

Honors Awards

Selected, Best Lawyers in America, 2014, 2016, Lawyer of the Year, Phoenix, Tax Controversy

Selected, Best Lawyers in America
Tax Law 2008-2017 editions

Selected, Southwest Super Lawyers
Tax Law 2007-2017

Selected, Arizona s Finest Lawyers 2011-2017

Selected, Arizona Business Magazine Top Lawyers, Tax, 2014-2016

Top 25 Women Attorneys, Southwest Super Lawyers, 2013-2014, 2017

Selected, Arizona Business Magazine 2016-2017 Top 100 Attorneys in Arizona

Ranked AV Preeminent 5.0 out of 5* in Martindale Hubbell*

*AV Preeminent and BV Distinguished are certification marks of Reed Elsevier Properties Inc. used in accordance with the Martindale-Hubbell certification procedures, standards and policies.

Representative Engagements

Achieved dismissal of two criminal cases after referral by IRS to Department of Justice (a significant achievement in light of the considerable review that occurs prior to referral)
Assisted numerous clients in voluntary disclosure and amnesty programs related to both offshore and domestic issues
Represents restaurant owners, sports figures, business owners and entrepreneurs in all phases of civil and criminal cases arising from tax matters.
Represents potential witnesses and targets before Grand Jury in criminal tax cases
Represents taxpayers in obtaining innocent spouse status in connection with tax liabilities arising from joint tax returns for both domestic and offshore matters
Represents businesses with employment tax challenges involving assessment and collection issues
Represents individuals in connection with proposed assessment of trust fund recovery penalties resulting from underpaid employment taxes
Represents taxpayers in civil and criminal forfeiture actions resulting from currency violations

Other Relevant Employment

Prior to joining Burch Cracchiolo, Martha was a senior trial attorney with the Internal Revenue Service, working for nine years in the San Diego and Phoenix District Counsel offices on both criminal and civil matters.

Professional Leadership

Former member, Executive Committee, Tax Law Advisory Commission, State Bar of Arizona

Professional Affiliations