Workers’ Compensation vs Personal Injury: Which Should You File?

If you are injured at work, then your best bet is to file a worker’s compensation case: Or is it? The reality is that choosing which one is more applicable to your situation and which actions you can take to get the compensation you deserve is not as simple as many think it is.

Your actual best bet is to contact a personal injury attorney who can help you assess your options and give you the information you need to make the most informed decision. To get a free consultation from an attorney that handles both workers’ compensation and personal injury workplace accidents, contact The Law Offices of Larry H. Parker at 866-536-5788 for a free legal consultation.

What is worker’s compensation?

Most employers in the state of California hold workers’ compensation coverage, which is a no-fault insurance coverage. There are some types of employees not covered, such as contract employees, farm workers, and day laborers, but most other employees are covered.

Workers’ compensation covers medical expenses that are related to an injury at the workplace. It can also cover a portion of your lost wages and potentially cover other expenses you take on during your recovery. However, it does not cover noneconomic damages such as pain and suffering.

What is a personal injury lawsuit?

In a personal injury lawsuit, there is an at-fault party. That party was at least partially responsible for the accident. In some cases, that “someone” is actually a condition of the workplace for which the employer is responsible. In other cases, it may be a specific person. A successful personal injury case can recover damages for emotional suffering, medical expenses, physical pain, lost wages, and certain lifestyle adjustments.

Should you file a workers’ compensation or personal injury lawsuit?

The truth is that it depends on a number of factors. One of the main advantages of a workers’ compensation case is that it is a no-fault case, which means you do not have to prove that a certain person or entity is responsible for the accident – you only have to prove that you were injured while on the clock. On the other hand, a personal injury case generally results in a larger payout. This is due in large part to the fact that personal injury cases allow for damages due to pain and suffering.

It is important to note that a personal injury lawsuit cannot be filed once a workers’ compensation case has been accepted. This is just one of the reasons that you should contact an experienced personal injury attorney before you decide what to file and before you sign any documents. Regardless of what an insurance agent may tell you, you have the right to talk to you own attorney. For a free legal consultation, contact The Law Offices of Larry H. Parker at 866-536-5788 right now.

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