When a person is injured at work, they are generally covered by workers’ compensation. However, in some cases, work injuries are best handled under a civil system. There are advantages to both options, but it is important to understand the differences. Keep reading for the facts and then contact The Law Offices of Larry H. Parker at 800-333-0000 for a free legal consultation.
The Advantages of Workers’ Compensation Cases
If your injury is covered by a workers’ compensation claim, then you do not have to prove that your employer or anyone else was negligent and that their negligence resulted in your injury. You could even have been at fault for your own injury. Workers’ compensation covers you as long as you were working at the time of the injury.
The second big advantage is that generally, you can get approval fairly quickly – certainly much more quickly than you are likely to win a civil lawsuit and see funds from it.
The Advantages of Civil Lawsuits
The biggest drawback of a civil personal injury lawsuit is that you will be required to prove that someone else was negligent, that their negligence caused your accident, and that the accident resulted in significant injuries and damages. This can be difficult to do, but if you are able to do so, there are some advantages over a workers’ compensation case.
First, workers’ compensation claims only cover a portion of your lost wages, while a civil lawsuit can cover all of them. Second, workers’ compensation cases do not allow for the recovery of pain and suffering. Since many large lawsuits are made up primarily of damages related to pain and suffering, this can be a significant advantage.
It is Not Generally the Choice of the Injured Party
It is generally not true that the injured party gets to decide whether to bring a workers’ compensation case or a civil liability case. This will be determined by the specifics of the case. However, sometimes they do. If you have suffered a serious injury at work, we recommend that you talk to a personal injury attorney before you decide to accept any settlement, whether through workers’ compensation or elsewhere.
Once you have signed, you have signed away your right to sue your employer. This might be the right choice, but if you find out three months later that your injuries are more serious than initially thought, you will be left with no recourse.
Call Us for a Free Legal Consultation
If you are not sure how to move forward, then we recommend you contact The Law Offices of Larry H. Parker at 800-333-0000 for a free legal consultation. We are standing by to find the best possible options for you. Contact us now, and we can go over your case to determine the best way forward.
