Should I File a Workers’ Comp or Personal Injury Claim?
How to Know Whether You Should Accept Workers’ Comp or Pursue a Personal Injury Case
Getting hurt on the job is scary and you may be unsure what to do. You might be experiencing pressure from your boss to accept workers’ compensation benefits, having difficulty getting them to consider your claim at all, or even wondering how much compensation you will need to begin with.
There’s only one hard-and-fast rule you must abide by in this scenario: Get a good attorney. There’s virtually no way to know exactly how much an injury will cost you or what your options are for seeking compensation unless you consult with someone who is experienced in workers’ comp and personal injury matters.
Differences Between Personal Injury Cases and Workers’ Comp Claims
There are a few important differences between accepting workers’ comp benefits and making a personal injury claim against your employer. In order to decide which is best in your case, you will most certainly need the help of an experienced attorney, but there are still a few distinctions you should be aware of, including:
Proving fault: If you opt to accept workers’ compensation benefits, you don’t have to prove that your employer, your co-workers, or anyone else was responsible for your injuries. You will receive some compensation, no questions asked. Personal injury claims, on the other hand, require you to prove that your injuries occurred as the result of someone else’s negligence, which can be challenging in some cases.
Damages recoverable: Workers’ compensation claims only yield a set payout, and this typically covers medical expenses, job-related retraining, a portion of lost wages, and some other expenses. Personal injury cases, on the other hand, tend to be more suitable for people who have experienced a severe or debilitating injury that results in several hundred dollars’ worth of damages and losses, as you are able to make much larger demands.
Later legal recourse: Accepting workers’ compensation benefits essentially locks you into the amount they decide to pay, regardless of whether your injury-related costs grow or develop as time goes on. By doing so, you forgo your ability to sue for remaining losses later (unless you are a railroad worker or crew member on a ship). Personal injury suits, however, allow you to recover all the damages you suffer as a result of an injury.
Meet with an Attorney Who Can Help
At Hall & Lampros, LLP, we believe in sticking up for people like you and helping you make the best decision possible. We will never encourage you to pursue litigation or legal action that is not in your best interest or does not have a shot at success. Whether workers’ comp or a personal injury suit is most suitable for your situation, our legal team in Atlanta is here to serve you.
Contact us right away to schedule your initial case evaluation.