The Differences Between a Workers’ Comp Claim and a Lawsuit

If you were injured in a workplace injury, you may be best served by consulting a workers’ compensation lawyer to learn about your legal options. Workplace accidents take many forms and the repercussions of those accidents vary widely. If you were hurt while on the job, your injury may be minor, or it could be permanent. If your loved one was fatally injured on the job, you’re faced with an additional list of concerns and questions.

What is workers’ compensation?

Workers’ compensation is a program that each state has in place to provide benefits to residents who are injured while working. Though each state’s program varies slightly, what they have in common is a system whereby it doesn’t matter whose fault it is when a worker is injured. This “no-fault” program administers benefits to the injured worker whether they caused the accident or whether it was their employer’s fault. When an injured worker accepts workers’ compensation benefits for their injury, they lose their legal right to file a lawsuit against their employer. In many cases, this is not an issue because the injury is not serious, and the benefits fully provide for the employee’s damages. However, in some cases, an injured worker is better served by filing a personal injury lawsuit. Before making this important decision about whether or not to accept workers’ compensation benefits, consider contacting a lawyer from our firm. We will provide you with a consultation with one of our workers’ compensation lawyers at no charge.

What is a personal injury lawsuit?

A personal injury lawsuit is a civil lawsuit that an injured worker can file against their employer or a third party, or both, depending on who is responsible for injuring the worker. When is a lawsuit more advantageous than workers’ compensation? This should be decided on a case-by-case basis, preferably with legal advice from an experienced attorney, but some workers opt to file a personal injury lawsuit when one of these circumstances apply:

  • The amount of workers’ compensation benefits offered to them by the insurance company are far less than the cost of the injury, including lost wages into the future.
  • A third party caused the accident which led to the injury and therefore workers’ compensation benefits are not available.
  • The workers’ compensation board or the employer refuses to accept a valid injury claim.

An Attorney Can Help You and Your Family

A workplace injury can be catastrophic for the victim and their family. You may be facing costly medical bills and a loss of income. Call an attorney today to learn how one of the best workers’ compensation lawyers in West Palm Beach can fight for your rights.

 

Thanks to our friends and contributors from the Law Offices of Franks, Koenig & Neuwelt for their insight into workers’ compensation.

 

Posted on March 14, 2018 @ 5:34 pm

Comments are closed.