If you are injured at work, then you should know that workers' compensation may not be your exclusive source of remedy. You may have the option of choosing between a workers' compensation claim and a personal injury claim. For example, you are not restricted to workers compensation if you believe your injury was intentionally caused. If you do have the option, then these three factors may help you to decide which claim to pursue:
Proof of Fault
Consider how easy (or difficult) it is to identify the guilty party and prove fault. This is because you can only succeed with a personal injury case if you can prove that somebody's negligence led to your injuries. After all, accidents occur that are nobody's fault.
This is in stark contrast to a workers' compensation claim that does not require proof of fault. You can get your workers compensation benefits if you can prove that you were injured while on the job. Even if you just tripped on your toes, fell and broke your arm (while doing your normal duties), workers compensation may compensate you.
The Guilty Party
If there is a guilty party, then his or her classification as a co-worker, employer, or third party also matter. This is because workers compensation laws prohibit you from filing personal injury claims against coworkers or employers; you can only do that if your injury is caused by a third party. For example, if you are injured because of a defectively manufactured air compressor, then you can file a personal injury claim against the compressor's manufacturer.
Level of Pain and Suffering
Some injuries lead to greater pain and suffering than others. Unlike personal injury claims, workers compensation does not pay for pain and suffering damages. Therefore, if your injuries have caused you substantial pain and suffering, then you should consider taking the personal injury claim route.
You can prove that your pain and suffering is substantial by showing these things:
- The existence of emotional pain in the form of insomnia, loss of consortium, and depression.
- Lengthy treatments.
- Prescriptions for strong pain medications.
You may also need witnesses, both lay and experts, to prove your pain and suffering.
You don't always have to choose between personal injury and workers compensation claims. There are situations in which it is possible, or even advisable, to file both claims. For example, injuries caused by third parties may be eligible for both claims. Talk to a personal injury attorney like Edward J. Achrem & Associates, Ltd. to evaluate your claim and help you decide whether to file a workers' compensation claim, personal injury claim, or both.
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