In the aftermath of most personal injuries, the injured party will experience stress and uncertainty as they try to focus on recovering but also worry about medical bills and lost wages. When an injury occurs while on the job, it may bring on a whole different set of complications. Concern over encountering repercussions at work keep a lot of people from seeking out additional monetary damages even if they’re rightfully owed. Though an employer’s workers compensation insurance will take care of providing compensation for the majority of incidents that arise, not all injury cases are cut-and-dry. If you feel that you have cause for a lawsuit, it may be necessary to obtain the counsel of a personal injury lawyer to ensure that your claim is being handled correctly. But before pursuing a settlement outside of workers comp, there are a few things you should know.
Personal Injury Claim vs. Workers Compensation
While workplace injuries fall into the personal injury category, there’s frequently confusion about the difference between filing a personal injury claim and a workers compensation claim. The money you receive from workers comp will be limited to weekly benefits, the payment of medical bills and vocational rehabilitation. However, a personal injury lawsuit may include all of that plus pain and suffering, future medical costs, loss of recreational enjoyment, etc. The biggest distinction between the two is that a personal injury claim must prove negligence on the part of someone other than the injured party, while workers comp does not have that requirement.
Determine if You Are Entitled to Restitution Beyond Workers Comp
There are some instances that allow for an employee to bring a lawsuit against a third party (not involving the employer) for injuries sustained while in the workplace. These cases generally include the manufacturer of a defective product or toxic substance. Those found to be liable in these circumstances can be held responsible for compensating you far more than you would get from a normal workers comp claim.
Circumstances That Justify a Lawsuit Against an Employer
There are special occasions that deem it justifiable to sue an employer for restitution in a workplace injury claim. This is when an employer has shown egregious conduct and intentionally hurt you which led to your injury or does not have workers compensation insurance to cover your needs.
Obtain Proof of Employer Liability
Being eligible to bring charges against your employer isn’t enough to make sure you get a favorable outcome. Having a personal injury lawyer on your side is the best way to ensure that you have everything taken care of for your claim and enough evidence to establish the part they played in your injury. Since your case will need to prove that your employer should be found liable, everything will need to be well-documented (medical appointments, bills, reports of the incident, etc.).
If you decide to move forward with a lawsuit against either a third party or your employer, it’s critical to have an experienced and knowledgeable personal injury lawyer representing you. Trying to battle companies and their insurance claims adjusters on your own is likely to make the process much more difficult on you and even harder to win the reward you’re entitled to.