Workplace injury disputes

Employer arbitration vs. court litigation

Understanding two different ways workplace injury disputes may be resolved

Employer arbitration

Process
A private dispute-resolution process.
Decision-maker
An arbitrator generally decides the claim.
Rules
Procedures depend on the arbitration agreement and applicable law.
Appeal options
Appeal and judicial review options may be limited.
Costs
Arbitration-related administrative fees may apply.

Court litigation

Process
A judicial process generally conducted through the public court system.
Decision-maker
A judge or jury decides issues as permitted by law.
Rules
Court procedures are governed by applicable laws and court rules.
Appeal options
Appeals depend on the type of ruling and applicable procedural rules.
Costs
Court filing fees and other litigation expenses may apply.