Should I File a Workers’ Compensation or Personal Injury Claim?
Why injured employees should explore both options
If you’ve been injured at work, your compensation options are usually limited to either a workers’ compensation claim or a personal injury claim. Both options have the potential to provide you with money to allow you to heal up and get back on your feet. However, there are important differences between the two.
In Florida, workers’ compensation benefits are available to employees who are hurt on the job. Workers’ compensation typically provides injured employees with medical treatment expenses, rehabilitation costs, and lost wages. And unlike personal injury claims, it isn’t necessary to establish proof of fault in workers’ compensation cases. However, certain types of workers, such as independent contractors, are excluded from eligibility.
Personal injury lawsuits, on the other hand, aren’t limited solely to employees who are injured on the job. Anyone who suffers an injury based on the negligence of another may be eligible to file a personal injury lawsuit. In addition, personal injury awards tend to be greater than the benefits obtained through workers’ compensation claims. Generally, in order to obtain compensation via a personal injury claim, a plaintiff must prove that:
- The defendant in the case acted negligently
- The defendant’s negligence caused the plaintiff to be injured
- The plaintiff suffered damages as a result of the injury
In addition, the plaintiff in a personal injury case must prove the amount of damages that resulted from the injury. Damages in a personal injury case typically include things like:
- Lost wages
- Medical expenses
- Property damage
- Pain and suffering
- The loss of future earning capacity
However, it is important to keep in mind that, in most cases, an injured employee who receives workers’ compensation benefits forfeits the right to file a personal injury claim against his or her employer. There are some exceptions to this rule, though. Therefore, if you’ve already received workers’ compensation benefits and would like to pursue a personal injury claim, please contact an experienced Florida personal injury attorney immediately to discuss your options.
Our Boca Raton injury lawyers fight for your rightful compensation after an accident resulting in injury
At GED Lawyers, LLP, we are a results-driven law firm, and our injury attorneys are always ready and willing to fight for your legal rights. With a staff of professionals who are fluent in several languages, we are proud to represent all of the members of our community in their workers’ compensation and personal injury cases. We understand how difficult it can be to obtain proper compensation for your injuries. Therefore, if you’ve been injured in a work-related accident, please call 561-995-1966 or use our online contact form to speak with one of our dedicated attorneys today.