The Advantages Of A Workers' Compensation Claim Over A Personal Injury Claim

In most cases when you suffer an injury, you will need to file a personal injury claim. However, if you are injured on the job, you may be required instead to file a workers' compensation claim. While workers' compensation claims have some disadvantages, such as a shorter statute of limitations, there are upsides and downsides to having to file a workers' compensation claim.

Workers' Compensation Claims Are Less Personal

When you are filing a personal injury claim, you will be suing your boss. However, when you file a workers' compensation claim, you will be seeking compensation from an insurance provider. This means that the situation may be less adversarial and will be less likely to damage your work relationship with your boss. There are also laws against retaliation.

You're More Likely to Receive Compensation for Your Injuries

You are more limited in what you may seek compensation for in a workers' compensation case. For example, you cannot seek compensation for pain and suffering. However, you are much more likely to receive compensation for medical bills if you file a workers' compensation claim. You only have to worry about your workers' compensation claim being denied. However, if it is denied, you may file an appeal. You'll be much more likely to win your appeal with the help of a workers' compensation law firm.

Personal injury claims are riskier because you may lose your case. If this occurs, you will not receive compensation for your injuries and you may even be forced to pay for the court fees of your employer. However, with a discussion with an attorney, you can get a sense of whether you may win a personal injury case.

An Experienced Workers' Compensation Law Firm Can Help You Through the Process

Seeking compensation when you are injured is always complicated, and the matters can be further complicated if you also wish to pursue Social Security Disability. Fortunately, there are workers' compensation lawyers who are prepared to help you fight for your right to compensation for your injuries. 

While you may need to file a workers' compensation claim, there is no reason for you to not ask your workers' compensation attorney about whether you can also file a personal injury claim. If your injury was partially the result of the negligence of a third party, you might have a case. For example, if your injury was partially caused by defective equipment, the equipment manager might be found partially liable.

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