If you have been injured in a workplace accident, you may be wondering what your options are. In most cases, you may be able to choose between filing a workers’ compensation claim or a personal injury claim. Which his better? The answer is not quite as simple as one or the other. Keep reading to find out the advantages of each and then contact The Law Offices of Larry H. Parker at 800-333-0000 for a free consultation.
The Main Difference Between the Two Types of Cases
There are actually many differences between workers’ compensation and personal injury cases, but the most important is the requirement for proving liability. If you are injured at work and want to file a workers’ compensation claim, you will have to prove that you were injured and what your damages are, but you do not have to prove that anyone else was at fault.
On the other hand, if you want to file a personal injury claim then you will need to prove that someone was at fault for your accident. This could be your employer, a co-workers, the manufacturer of a tool you were using, or any number of other people.
The Pros and Cons of Filing a Workers’ Compensation Claim
If your employer is a private company then they are required by law to provide workers’ compensation to all employees. If you are injured on the job, you do not have to prove that your employer or a third-party was negligent. Workers’ compensation benefits are generally paid quickly and are set in stone, so you do not have to guess about what you will get and when you will get it.
That said, there are some downsides. Mainly, you can only get what is covered by workers’ compensation and that amount may not be enough to cover your lost wages. You will also not be able to be reimbursed for pain and suffering or other noneconomic damages. Finally, you only have a year to file your claim.
The Pros and Cons of Filing a Personal Injury Lawsuit
The main advantage of choosing a personal injury claim over a workers’ compensation claim is that you have more compensation options. For example, you can sue for pain and suffering, wrongful death, loss of consortium, and other damages. You also have two years to file your claim instead of the single year you have with a workers’ compensation claim.
The main disadvantage is that you have to prove fault. Depending on the case, this may be easy or it could be near impossible. You will also have to wait for the lawsuit to process before you get compensation. The best way to find the right choice for your case is to contact The Law Offices of Larry H. Parker at 800-333-0000 for a free consultation. We can go over your options to ensure you understand your rights.