Knowing Whether To Pursue Workers Compensation Or A Personal Injury Suit

10 October 2016
 Categories: Law, Blog


When you have suffered an injury at work, you may find yourself wondering whether or not you should file a claim for workers compensation or opt for a personal injury lawsuit instead. There are many factors to consider when choosing between these two options. And unless you are an expert in all of the laws regarding injuries in the workplace, you may not fully understand which option would be most beneficial to you and your needs. Get to know some of the factors to consider when making this choice so that you can select the right one for you and hire your workers compensation or personal injury lawyer as soon as possible.

Fault Versus No Fault Needed

One of the biggest differences between workers compensation cases and personal injury cases has to do with the issue of fault. When you are injured on the job while performing your job duties, you can file a workers compensation claim no matter who is to blame for the injury. There are exceptions to this rule, but generally if you are performing your job tasks and an incident occurs, you can claim workers compensation.

No matter who is to blame for the workplace accident, workers compensation will cover it (even when nobody is to blame). However, there are some circumstances when a worker's compensation suit may not be the right choice. If you are not on the clock, for example, you are assaulted by a customer or client on the premises, or you are injured by a faulty piece of equipment, a personal injury lawsuit may be the best choice.

When there is a clear party at fault for the accident that is not your direct employer or a coworker, a personal injury lawyer can help you pursue a lawsuit against that party at fault. In the previous examples, the person who directly injured you or the manufacturer or the equipment that injured you can be the party that you pursue a personal injury lawsuit against. 

Standard Benefits Versus Damages Compensation

There is another major difference between personal injury cases and workers compensation claims. Workers compensation is a program that helps employees injured on the job recoup lost wages and pay medical expenses that were caused by the injury. If long-term disability occurs, these benefits will also go toward that permanent injury. Workers compensation benefits are standard, set benefits paid out weekly when any type of disability (short-term or long-term) is involved. 

However, workers compensation does not help to cover all damages associated with a workplace injury. A person's pain, suffering, and damage to mental and social health, for example are not covered by workers compensation. Because of this, some people injured on the job may prefer to pursue a personal injury lawsuit to recoup some of the damages to their quality of life, mental health, and other issues that go along with a serious injury at work.

When you are ready to make the choice between a workers compensation claim and a personal injury lawsuit, contact a personal injury lawyer or workers compensation lawyer to get the process started and get you the help you need to deal with the situation. For more information, visit websites like