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Workers’ Compensation or Personal Injury Claim: Which is Best for Your Case?

If you are injured at work and have medical costs, there are two main options that may be available to you: Workers’ compensation claims and personal injury claims. You deserve to get fair compensation to cover your bills and costs associated with the injury. Read on to find out what your options are and how we can help. Then contact The Law Offices of Larry H. Parker at 800-333-0000 for a free legal consultation.

Understanding personal injury claims

Anyone who is injured as a result of another party acting negligently can file a personal injury lawsuit. In order for you to file a personal injury lawsuit for an injury that happened on the job, you would need to prove that someone acted negligently and that their negligence led to your injury. In a personal injury lawsuit, you can sue for both compensatory damages, which means getting back the money the injury has cost you for medical bills, time off from work, and other things, as well as damages for emotional distress and pain and suffering.

Understanding workers’ compensation claims

The main advantage of filing a workers’ compensation claim over a personal injury claim is that the workers’ compensation claim does not require that you prove anyone caused the injury or was negligent. Even if the injury was your fault, you are likely eligible for workers’ compensation benefits. The purpose of the system is to ensure that workers are protected while on the job.

Understanding the differences between the two

Deciding which type of claim to file can be tricky. If it is easy for you to prove that someone acted negligently and that their negligence led to your injury, then you may consider a personal injury claim. This type of claim generally results in larger payouts and it can also cover some damages not covered by workers’ compensation. For example, you cannot sue for pain and suffering with a workers’ compensation claim.

On the other hand, if it would be challenging or impossible to prove that your employer or a co-worker was negligent for the accident, then a workers’ compensation claim is likely better. In most cases, your medical bills will be covered and you will receive a percentage of your average pay while you are unable to work. This is not meant to be a payout that will change your life – it is only meant to help you get by until you can work again.

Confused about the options? Call us today

If you are not sure which one you want to file, or if you are sure and are ready for legal assistance, then we invite you to contact The Law Offices of Larry H. Parker at 800-333-0000 for a free legal consultation. We will take the time to understand your case and provide you an honest assessment of your options.