Sustaining an injury while engaged in a job-related task can be devastating. Many injured workers are unable to support their families, pay for medical bills, or continue working in their chosen profession.
If you have been injured at work, you may be getting conflicting advice about the best way to pursue compensation from your employer. Workers' compensation claims and personal injury cases can both generate financial resources, but it's important to understand the relationship between these types of actions before filing a claim.
Filing for one could prevent you from filing for the other.
Workers' compensation is designed to protect employers against the devastating financial consequences that might be associated with an injured employee's personal injury lawsuit. As a result, many states prevent you from filing a personal injury claim if you are receiving workers' compensation benefits.
You should always speak to an experienced attorney before filing any type of injury claim to ensure you are not limiting the type of legal action you can take in the future.
Workers' compensation claims and personal injury cases compensate for different things.
It's important that you understand the types of damages that are associated with your workplace injury. A workers' compensation claim will allow you to seek financial resources to help you supplement your lost wages, pay your medical expenses, and receive training required to begin working in a new industry.
A personal injury claim allows you to seek compensation for all of the damages available through workers' compensation claims, with the addition of money for your pain and suffering. A severe injury can generate mental anguish and physical discomfort. If you want to be compensated for your emotional pain and physical suffering, then you will need to file a personal injury lawsuit.
Sometimes it makes sense to file both a workers' compensation claim and a personal injury lawsuit.
Some workplace injuries cannot be attributed to the negligence of the employer alone. In situations where safety equipment failure, poor tool design, or other manufacturing errors contribute to a workplace injury, the injured worker can file a personal injury lawsuit against a third-party.
Workers' compensation benefits can be claimed from your employer while you take your personal injury lawsuit against a third-party manufacturer to court. A personal injury lawyer will be able to evaluate the unique circumstances of your injury to determine if pursuing both a workers' compensation claim and a personal injury lawsuit is feasible.
