If you’ve been injured at your job, you may be wondering if you should file a worker’s comp claim or a personal injury claim.
Both routes can get you compensated for your injuries, but they demand completely different processes. Both have their pros and cons, and deciding between the two can sometimes be difficult, particularly when you are wondering which one is the best option in your case.
Workers Comp Claims
Workers comp is a program regulated by the state in which employers must purchase insurance that would protect employers if they get injured. Based on these laws, you generally can get medical benefits, lost wages, and disability benefits when you are hurt on the job, or become sick because of it.
In worker’s compensation, you do not have to prove fault. At the same time, receiving workers comp also means you waive your rights to take additional legal actions against your employee.
Personal Injury Claim
This type of claim is not limited just to workers, meaning you can benefit from this option even if the injury was sustained outside of your work. For instance, worker’s comp does not cover injuries sustained on your way to work, they only come into effect when you are working within the scope of your employment. Personal injury claims are not that limiting.
However, in these cases, you do have to prove fault. The party you’re filing the claim against (your employer, the company, another employee) has to be found negligent in some way and you must prove that as a result, your injuries occurred. The burden of proof is on you.
On the other hand, personal injury claims can result in higher benefits than workers comp. The latter is meant to help workers get through a difficult time while preventing economic gain. Personal injury claims, however, can result in very high settlements.
Which One Should You Opt For?
The reality is, the details of your case will determine how you should proceed.
Sometimes, you may not even have a choice between the two. If you have no proof of negligence, worker’s comp is your only option, as personal injury claims require you to show someone’s negligent actions lead to your injuries.
Or, perhaps your workplace injury is not eligible for worker’s comp because you were on your lunch break.
Speak to a Lawyer First
Before you make a decision, reach out to an experienced work injury attorney for a free consultation. Based on the details of your case, they can recommend the best course of action you can take to get properly compensated for your work injury.
Give us a call 24/7 at (816) 399-3706 for a FREE case evaluation.