Personal Injury Lawyer
When you’re injured on the job, you are typically entitled to financial compensation in one form or another. You’ve got workers’ compensation, which is an insurance program purchased by your employer, and you have a personal injury lawsuit in which you can file. What specific options do you have? Do you have to choose between the two? The following are some things you should know when deciding between workers’ compensation and personal injury.
Workers’ Compensation Claims
If you’re considering a workers’ compensation claim, you’ll need to know whether your employer actually carries coverage. Each state holds employers to different standards, so there are some employers that don’t have workers’ compensation at all. While this opens the employers up to potential lawsuits, it could also save them money if the employee loses the lawsuit.
If your employer does carry workers’ compensation coverage, there’s still a chance you aren’t eligible to receive it. Some workers don’t qualify under their employers. This includes independent contractors, some domestic workers and some agricultural employees. This also varies by state, so it’s important you speak with someone who understands the regulations in your state.
Personal Injury Lawsuits
When you choose to pursue a personal injury lawsuit, there are some things to keep in mind. For example, if you have already received workers’ compensation for your injuries, you can’t file a lawsuit against your employer. You can, however, file a personal injury lawsuit against a coworker or other individual who caused your workplace injury. For example, if one of your coworkers punched you because of a disagreement in the warehouse, you could receive workers’ compensation from your employer and a personal injury settlement from the individual who punched you.
Deciding Between the Two
In some situations, you have no other choice but to file a personal injury lawsuit because there’s no option for workers’ compensation. This can often work to your advantage. In a workers’ compensation claim, you stand to receive compensation for medical bills, lost wages, disability and death. In a personal injury lawsuit, you could potentially receive compensation for those same things in addition to loss of enjoyment of life, loss of consortium, loss of the ability to perform work duties and possibly punitive damages. If you speak with a lawyer and he or she feels you wouldn’t receive much in a personal injury lawsuit, you might want to stick with your workers’ compensation claim.
Acquiring a Lawyer
Being injured is never any fun to deal with, but when it’s a workplace injury, it could be a bit more frustrating. If you were injured on the job and wonder whether to file a workers’ comp claim or a personal injury lawsuit, contact a personal injury lawyer, like from Davis & Brusca, to acquire the services that can assist you.
