If you were injured at work, many people might assume that your best option is to file a workers’ compensation claim. The truth is that in many cases, they would be correct . In a few cases, the other option is to file a third-party claim as well. The best way for you to determine which option is best for your case is to contact a personal injury attorney by calling The Law Offices of Larry H. Parker at 562-222-0146 for a free legal consultation. You can also keep reading to learn the pros and cons of both options.
The Advantages of Filing a Workers’ Compensation Claim
There are several benefits of filing a workers’ compensation claim, including:
- If your benefits are approved, they will start right away
- You do not need to pay out of pocket for medical care
- You will have some benefits for lost wages if you cannot work due to the injury
- You do not need to prove who was at fault – you only have to prove that the accident occurred during work
These benefits might make it worth filing a workers’ compensation claim over other options.
The Advantages of Filing a Third-Party Claim
For others, there might be a third-party claim as well. When there is a third-party claim, you can potentially recover for all your damages, including lost wages, losses of future earning capacity, and pain and suffering. With a workers’ compensation claim, you can only receive a portion of your lost wages, and you are not eligible for pain and suffering at all.
The Disadvantages of the Workers’ Compensation System
As we mentioned, you cannot receive payments for emotional distress such as pain and suffering, and loss of consortium. You are also not eligible for punitive damages. What’s more, you will only receive a portion of your lost wages that you would have earned during the recovery.
The Disadvantages of a Third-Party Lawsuit
Of course, there are plenty of disadvantages associated with filing a third-party lawsuit. First, it can take months or, in some cases, years to complete the entire process. Second, if you had already received benefits from workers’ compensation, then you would need to repay them if you won a third-party lawsuit. Finally, you would be required to prove that a party was negligent.
Are you unsure what the right option is for you in your specific case? If so, contact The Law Offices of Larry H. Parker at 562-222-0146 now to request a free legal consultation. We are standing by to provide a comprehensive legal option for you.