No one wants to get injured while at work, but sometimes, accidents can happen. And aside from seeking medical care following an accident at work, you may wonder if you should institute a workers’ compensation claim or a personal injury claim. Although both of these remedies are designed to help you get compensated for the injury you’ve sustained, there are instances in which filing one over the other or vice versa can be more beneficial for your situation.
Keep reading this article to know whether you should pursue compensation through a personal injury claim or a workers’ compensation claim.
What Is A Personal Injury Claim?
A personal injury claim refers to a legal action that allows an employee to sue the party responsible for the harm they caused in the workplace. It’s filed in court to recover compensation for all the losses. However, since a personal injury claim is considered a legal remedy, working with a dedicated lawyer is essential. If you get injured in the workplace, you can hire them to help you navigate your case correctly and attain a more favorable result. But in case you want to understand better why legal assistance is necessary, you can check out a full report from a dedicated lawyer in your area for more information.
On the other hand, to ensure a personal injury lawsuit is a proper remedy for your situation, there are many things to consider. These can include:
- If you think your workplace injury resulted from someone else’s negligence, instituting a personal injury claim is the right action. With this claim, you should prove that another person, such as your employer, committed negligent acts which caused you an injury and resulted in damages. However, in proving negligence, you need to collect certain pieces of evidence to help substantiate your claim. Some evidence can include photos and videos of the accident scene, witness testimonies, medical records, and the like.
- As an injured person at work, you can successfully file a personal injury lawsuit under the following circumstances:
- When the work injury involves a defective product used in the workplace;
- When the employer’s conduct is in the way that it’s likely to cause harm;
- When an illegal substance causes the injury;
- When the employer doesn’t have workers’ comp insurance;
- When you file a workers’ comp claim but get denied.
- It’s also best to file a personal injury claim if you suffer from pain and suffering. Unlike the workers’ comp claim, an injury case allows you to recover non-economic damages, including pain and suffering, emotional distress, loss of enjoyment in life, and other similar losses.
Lastly, it’s essential to remember that deciding to start a personal injury claim may waive your right to recover compensation through other remedies. This means that you can’t simultaneously seek remedy from an injury claim and a workers’ comp claim.
Related: 4 Elements of a Personal Injury Claim
What Is A Workers’ Comp Claim?
Essentially, a workers’ compensation claim refers to an insurance claim intended to provide an injured employee with specific monetary compensation to cover their medical bills and lost wages. It’s filed with the employer’s workers’ compensation insurance service provider after sustaining an injury at work. Some common work-related injuries covered by a worker’s compensation claim can include:
- Mental stress injuries
- Repetitive stress injuries
- Injuries arising from workplace accidents
While there are compensable ones, there are also types of injuries that aren’t covered by a workers’ comp claim. These can include injuries sustained in fighting or under the influence of alcohol or drugs and those suffered while taking a work break outside the premises.
Moreover, it’s essential to note that a workers’ comp claim is one of the options available to all employees injured at work, provided the said insurance claim covers the injury. But if you want to know whether this insurance claim is the right remedy for your work injury, you should consider the following:
- Filing a workers’ comp claim is proper if you believe someone else’s fault didn’t cause your injury.
- Bringing a workers’ compensation claim is the right remedy if you don’t sustain pain and suffering due to your injury. This type of insurance claim doesn’t cover pain and suffering and other non-economic losses.
- Filing a workers’ compensation claim can also be a great option if you don’t intend to bring an injury lawsuit to court. Once you file this insurance claim, you consequently lose your right to sue the other party for compensation in the future.
Bottom Line
Knowing whether to file a personal injury case or a workers’ comp claim is essential for protecting your rights and interests when you get injured at work. Therefore, if you have no idea which remedy is beneficial for your situation, it’s best to keep the information mentioned above in mind. That way, you’ll find out if a workers’ comp claim or a personal injury case can provide you with better compensation.
