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.