While many injured workers assume their only option following a workplace accident is to file for workers’ compensation, some situations are conducive to a personal injury lawsuit. Understanding the difference can help you determine the best legal route.
Workers’ compensation is a no-fault insurance system that benefits employees injured at work. Key benefits of workers’ compensation include medical expenses coverage, lost wages, and disability benefits. Some limitations include employees being unable to sue their employers for negligence, suffering damages not being covered, and limited compensation. On the other hand, a personal injury claim is a lawsuit allowing an injured person to seek compensation from a negligent party. In contrast with workers’ compensation, personal injury claims require proving negligence. Workers’ compensation has a broader scope for recovery but may take longer and is not guaranteed.
Understand when to file a personal injury lawsuit instead of workers’ compensation to maximize financial reward. If your employer was grossly negligent or has intentionally harmed you, you can file a personal injury lawsuit, for example, if an employer removed safety guards from machines. Additionally, you have a right to sue if a third party was responsible for your injury, such as being injured by defective equipment. You may also file a personal injury lawsuit if you were injured by toxic substances, including long-term asbestos exposure, which may lead to mesothelioma.
Workers’ compensation and personal injury lawsuits have pros and cons. Workers’ compensation does not require you to prove fault, offers a faster solution, and provides guaranteed benefits. However, there is limited compensation, and you cannot sue your employer. Personal injury lawsuits include pain and suffering damages, and acquiring more money if the lawsuit succeeds. While you may receive more compensation with a personal injury lawsuit, you must prove negligence; there is no assured compensation, and the process may take months or even years.
Because of the differences in workers’ compensation and personal injury lawsuits, speak with a personal injury lawyer to determine your best course of action following a workplace injury. Personal injury lawsuits provide the highest level of compensation, and finding the right personal injury attorney is crucial to ensuring maximum financial compensation for your injuries.