Should I File a Workers' Compensation or Personal Injury Claim?

If you have never filed for workers’ compensation benefits before and were recently injured on the job, this is likely a very confusing and overwhelming experience for you as you try to figure out what your next steps should be. Injuries that are sustained while an employee is at work are generally covered by workers’ compensation insurance. The benefits you receive would cover part of your wages as well as any medical expenses related to your injuries. Unlike a personal injury claim, you cannot receive compensation for pain and suffering.

When Can an Injured Worker File a Personal Injury Claim?

The workers’ compensation system is not based on fault, which is why injured employees are typically only able to file a workers’ compensation claim instead of a personal injury claim. However, there are always some exceptions. Below is a list of some instances in which an injured worker can file a personal injury lawsuit:

  • The injury involved a product that was defective, which means the employee would have to file a claim against the product’s manufacturer
  • The employer’s conduct was intentional or clearly likely to cause severe injury or death to the employee
  • The injury involves an illegal or toxic substance
  • The employer does not have workers’ compensation insurance
  • The injury was caused by the negligence of a third-party who is not employed by the company

While workers’ compensation benefits are limited, a personal injury claim can result in compensation for medical expenses, lost wages, loss of future earning capacity, and damages for pain and suffering.

Workers’ Compensation Claims

The difference between a workers’ compensation claim and a workers’ compensation claim is proving fault. Individuals who are injured at work or performing work duties off-site do not need to prove that their employer, co-worker, or other party caused the injury. Even when a worker is somehow at fault for the injury, he or she would still be able to receive workers’ compensation benefits. That is because the workers’ compensation system was designed to protect workers who are injured on the job.

If you are unsure of the type of claim you should file for your workplace injury, be sure to seek the knowledgeable legal advice of an experienced workers’ compensation attorney. This will help ensure that you are receiving maximum compensation for any injuries you suffered while performing your work duties.

Knowledgeable Workers’ Compensation Attorneys in Cobb County

If you sustained an injury at your place of work, you are eligible for workers’ compensation benefits, which can help get you through your period of recovery. At Chestnut & Beller in Cobb County, our workers’ compensation attorneys are here to provide the knowledgeable and skilled legal guidance you deserve. Backed by nearly 60 years of combined legal experience and a proven track record of success, you can rest assured that our legal team has what it takes to achieve the results you need during this difficult time.

Get started on your workers’ compensation case today and reach out to our law office at (770) 285-5542 to request your free initial case evaluation with one of our attorneys.