Should I Collect Workers’ Compensation or Bring a Personal Injury Case?

injured man in wheelchair frustrated and talking to a lawyer

Getting injured at work can throw a wrench in so many aspects of your life. You’ll need medical treatment, will lose out on your wages while you recover, and will have to complete tons of paperwork. Plus, those medical bills will pile up quickly. Luckily, workers’ compensation claims can help you regain some of that lost income while you heal. On-the-job injuries or illnesses are more common than you may think. According to the Bureau of Labor Statistics, nearly 3 in every 100 people will suffer a workplace injury. However, your situation may warrant more than just regular bank deposits and covered medical bills. Sometimes, the act of being injured is traumatic or the person who is responsible for injuring you gets off scot-free. In these cases, a Personal Injury case may be more appropriate than a workers’ compensation claim to help you receive justice.

How Does Workers’ Compensation Work?

Workers’ compensation is, in essence, an insurance policy your employer takes out to cover any potential workplace injuries or illnesses that arise among their staff. When an employee is harmed on the job, that individual has a right to make a workers’ compensation claim with their employer. The employer then pays for all medical bills and rehabilitation services and replaces lost wages while the employee recovers.

However, workers’ compensation claims often include a clause stating the employee cannot sue in a personal injury case. This ensures the employer doesn’t have to pay twice for the same workplace injury or illness. In fact, some states legally require employees use the workers’ compensation system in place, rather than turning to a Personal Injury case.

So, Why Pursue a Personal Injury Lawsuit?

In some cases, you may not be able to. However, if someone other than your employer or coworker hurt you, you could still have a viable lawsuit. Even though you may be eligible for workers’ compensation, you could still hold a third party responsible for your injury. For example, if your job requires driving and you are struck by a negligent driver, you can collect workers’ compensation and potentially bring a Personal Injury suit against the negligent driver.

Although workers’ compensation covers the bare minimum, pain and suffering could be worth pursuing a case against another responsible individual.

Recover Your Damages with McCune Wright Arevalo, LLP

Being put out of work due to a workplace injury or illness is a major setback. You deserve to receive what you are owed — whether it’s only worker’s compensation or personal injury damages as well. If you need to hold a third party accountable, the Personal Injury attorneys of McCune Wright Arevalo, LLP, can help. Our experienced team has recovered more than $1 billion for our clients. Contact us today or call (909) 345-8110 to schedule your free consultation.

Take The Next Step

Schedule Your Free Consultation Today