Should You File A Workers’ Compensation Claim Or Sue?

While workers' compensation protects companies and management from getting sued by injured employees. However, there are few times when you can actually file a personal injury claim to get the most money you deserve. If you are wondering if you should sue, check out these facts:

The Reasons to Sue Are Limited

There are two main reasons you can file a personal injury claim against your employer. The first reason is that they intentionally hurt you. This does not include negligence. For example, if your employer failed to repair worn carpet, and you tripped, you can't sue because your employer didn't mean to hurt you. On the other hand, if your boss shoved you and you fell, that's a different story because the injury was intentional. The other reason you can sue your employer is if they failed to comply with state law and actually buy workers' compensation insurance (or if they failed to buy enough coverage).

Workers' Compensation Is Fast

The great thing is that even if you do decide to file a personal injury claim, you can still file a workers' compensation claim. Workers' compensation claims are often processed extremely fast because you don't need to prove who caused your injury, you just have to show you were on the job and not drinking or under the influence of drugs. This means you get money fast to help pay for medical expenses and some lost wages. However, you won't get all your wages reimbursed, and you cannot file a workers' compensation claim for pain and suffering.

Personal Injury Claims Get You More Money

A personal injury case is likely going to take much longer because there is more work involved. You need to be able to prove your case, which can be difficult if you're suing due to intentional harm. So why would you bother filing a personal injury claim: you can get more money. With a personal injury claim, you can sue for pain and suffering and all your wages, giving you the money you really deserve. Keep in mind that if you do win your personal injury case, you may have to repay some money to workers' compensation.

If you have been injured on the job, you may have the right to file a personal injury claim in addition to workers' compensation. Either way, it's a good idea to get a workers' compensation lawyer to explore all your options. For more information, contact an injury lawyer in your area today.