Understanding Workers’ Comp vs. Personal Injury Claims
When an employee gets injured on the job, the typical route is to file a workers’ compensation claim. However, it actually may be more beneficial for the employee to file a personal injury claim instead.
Workers’ compensation claims are often seen as the default option for employee injuries in the workplace, but a personal injury claim is another available option. There are pros and cons to both types of claims, so let’s delve into each in more detail.
The Pros and Cons of Workers’ Compensation Cases
Workers’ compensation is considered the go-to claim following a work-related injury. This type of claim provides the employee with peace of mind in relation to their income. If the worker can’t return to work due to a workplace accident, they will receive guaranteed payment for the duration of missed work. This is a safety net of sorts, allowing the employee to heal while not experiencing the pressures of lost income.
However, there are some significant downsides to filing a workers’ comp claim. Often, employers and their insurance companies refuse to pay for the injuries in their entirety. Therefore, they may try to reduce your payout by convincing or misleading you into receiving less than your maximum compensation due.
Furthermore, upon filing for workers’ compensation, you forfeit your right to sue your employer. Consequently, it’s generally in the employee’s best interest to seek a personal injury claim prior to or instead of a workers’ compensation claim.
The Pros and Cons of a Personal Injury Claim
An employer can deny a workers’ comp claim or refuse to pay full compensation for the employee’s injuries. Additionally, upon filing a workers’ comp claim, the employee forfeits their right to sue the employer.
A personal injury claim allows the worker to fight for the full payout they are due. A personal injury claim can also be a backup plan should you file for workers’ compensation and get denied. However, as previously mentioned, it may be very challenging to have your personal injury claim accepted after filing for workers’ comp.
Furthermore, personal injury claims offer no definitive promise of compensation. Workers’ compensation guarantees some payment, even if less than the full amount, whereas you have to win the personal injury lawsuit in order to obtain any compensation. Therefore, you won’t be paid while you’re incapacitated from work, and you run the risk of not receiving any compensation if you lose the lawsuit.
However, if you’re represented by an experienced and skilled personal injury and workers’ compensation lawyer, you have the greatest possibility of winning the full compensation due to you, be it through a personal injury claim or workers’ comp.
San Diego-based Attorney Joseph C. Crudo Has Been In Law Practice For Over 35 Years
He has the skill set, experience, knowledge and resources to fight for the compensation you deserve. He can help you explore all of your options and decide which is best for you.