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

Perhaps you have suffered an injury on the job? Chances are you already know you may be eligible for workers’ compensation. But, it might also be possible to submit a personal injury claim sometimes. Can you file both types of claims? Our Miami personal injury lawyers clarify.

If nobody else is to blame, worker’s compensation might be the only choice. When a third party is legally accountable for the crash, it may help you to file a personal injury case. In certain scenarios, it is possible to file both kinds of claims. But, even in the event that you’re able to document, determining if you need to file a worker’s comp or personal injury claim may be an intricate question.

What is the Difference Between a Personal Injury and Workers’ Comp Claim?

In order to ascertain which choice is most appropriate for you, it is important to comprehend how they are different. Significant ways that workers’ compensation and personal injury claims differ are:

Proving Fault

If you register for worker’s compensation, you don’t need to ascertain who’s to blame for your collision. In case you’ve got a qualifying accident, you don’t need to demonstrate that your employer is to blame. You also don’t need to verify that you are not responsible.

But, demonstrating legal accountability is needed in all classic personal injury cases. To acquire any reimbursement, you need to show that the accountable individual or party resulted in the crash. The legal norm is negligence, and it might likewise be recklessness or willful misconduct. When proving the case, winning a personal injury claim has added burdens and measures which aren’t existing in an employee’s compensation case.

Pain and Suffering

Before you decide that it is just easier and quicker to file a worker’s compensation claim, keep in mind there are a number of reasons a personal injury claim might be more valuable. In a third-party injury claim, you can require payment for pain and suffering.

The worth of the pain and suffering part of any claim might be a lot greater compared to the value of economic damages. Because pain and distress damages are permitted at a third party claim, the reimbursement which it is possible to acquire through a personal injury claim might be a lot greater than a workers’ compensation case.

Can You File Both a Personal Injury and Workers’ Compensation Claim?

It is possible to file both a workers’ compensation and personal injury claim. These two kinds of instances are not mutually exclusive. When a third party is legally accountable for the crash, and the injury happens while functioning on behalf of your employer, then the two kinds of activities are available for you.

You will find an assortment of conditions in which you might qualify for a worker’s compensation claim and also a personal injury case. Some examples include:

You are driving for work and are involved in a car crash. You suffer injuries and the automobile accident is the fault of another driver. In cases like this, you could have a worker’s compensation claim via your employer. You might also have a valid claim against the other driver.

Your job is required to provide you with protective material and they supply you with a set of gloves. However, the gloves are made from poor materials. A glove tears while you’re working, and causes you to injure your hands. This could potentially lead to both a workers’ compensation claim as well as an injury claim against the glove manufacturer.

One of your job responsibilities is moving boxes into a storage area of a building. There are broken stairs leading into the cellar storage unit. It is the building owner’s responsibility to keep the staircase safe, but they have failed to do so. As you take boxes onto the staircase, you slide and fall. While workers’ compensation could be suitable for your employer, a third-party claim might be appropriate due to the responsibility of the building owner.

Settlements For Workers’ Compensation and Personal Injury Claims

It is important to see that a worker’s compensation claim and also a personal injury claim are a possibility after a work accident. From time to time, the employee’s compensation claim is a better choice. If you’d like a guarantee your medical bills will be insured now and later on, employee’s settlement may make more sense. It can also be better in scenarios where third-party liability might be hard to establish or instances where the third party cannot cover a significant claim.

But, there are also situations where a third-party instance is the better choice. Damages for pain and discomfort are offered in third-party asserts, rather than accessible in worker’s compensation cases. The difference could be significant.

Recognizing The Interaction Between Employee’s Compensation and Personal Injury Claims

Deciding which kind of claim is much more valuable, or if it is possible to file both kinds of claims, may be tricky to determine. Even though it may look like the simple answer is to submit the two kinds of claims, this might not be the most suitable choice. Filing a personal injury claim may have an effect on your eligibility for workers’ compensation.

Additionally, you might be required to reimburse the workers’ compensation insurer for reimbursement which you get in the personal injury case. This is to prevent you from recovering twice as much as your medical bills require. This could lead to reimbursement intended for your own pain and suffering being passed over to the workers’ compensation insurance companies, leaving you less than you deserve.

Our Miami workers’ compensation lawyers are able to help you decide the ideal route for you following a job accident. Our team of personal injury attorneys can help you optimize your reimbursement and pick the most effective legal strategy.