If you've been injured at work, you may be wondering whether you should file for workers' compensation or personal injury. Both options have their own benefits and drawbacks, and it's important to understand the difference between the two. In some cases you may be able to file both types of claims.
Workman's Compensation is a no-fault system governed by state law. It is an agreement between you and your employer that effectively states the following. You can recover for injuries irrespective of fault. Whether you trip over your own two feet or get pushed by a fellow employee, workers’ comp will cover your injuries. The catch is that you cannot sue your employer.
Personal injury is a system that requires fault to be proven. Said another way, in order to recover for a personal injury you will need to prove that the person/entity that injured you was negligent. Generally speaking, personal injury claims are more valuable than work comp claims.
So, which should you choose? Answering this question can be complicated. If you were injured by a third party while at work you may be able to file both claims. For example, if you were delivering packages for your employer and were bitten by a dog while making a delivery, you’d have a personal injury claim against the homeowner with the dog, and a workman’s compensation claim by virtue of being at work when the accident occurred. Assessing which type of claim to file is best suited for a lawyer.
If you were seriously injured at work, then you should consider hiring an experienced personal injury attorney to help you with your claim. Here are a few reasons why:
An attorney can help you figure out whether you have a claim worth pursuing.
An attorney can help you to preserve and gather evidence to support your claim.
An attorney can negotiate with the insurance company on your behalf.
An attorney can take your case to trial if necessary.
An attorney has the experience and resources necessary to handle complex claims.
If you were injured at work, and you're not sure whether or not to hire an attorney, consider these points. In most cases, it's worth at least consulting with a personal injury lawyer to find out if hiring legal representation makes sense for your situation. Lawfty is here to help - 24/7. Call us at 844-997-5100 and speak to one of our intake specialists free of charge.