Workers’ comp or personal injury?

For injuries at work, almost everyone would tell you that workers’ compensation is the way to pursue the money you need to recover. This is likely to be true — but it is far from a universal truth.

Injury law is complex. Workers’ comp ideally should help you and your employer reach a fair and fast agreement about payment. Personal injury suits should help you get what you deserve from people or organizations that neglectfully contributed to your injury. There are many differences between the two.

Is your injury contested?

If someone is saying that your injury is not as bad as you think — or did not happen in the way that you stated — this is usually a sign you need to take further action. The same is generally true of rejected claims.

In cases like these, there is no general rule. Sometimes, you could resolve your dispute within the workers’ compensation system. Other times, you might have to take additional action.

Did equipment fail?

The presence of equipment failure is one of the most common indications that you might want to pursue a personal injury suit for a work injury. The injury could be the fault of improper machinery maintenance, design, repair or fabrication. The people responsible could owe you for costs and pain you incur — above and beyond workers’ comp.

Was there a third party?

Another common situation involving personal injury is when there is a third party apart from you and your employer. For example, another driver might have collided with your vehicle while you did your delivery rounds.

Regardless of which avenues you decide to pursue to get compensation, one thing is the same. You deserve everything you need to put your life back together from responsible parties. Please do not settle for less than you deserve.

FindLaw Network
“Seek justice, rebuke the oppressor; defend the fatherless, plead for the widow.� (Isaiah 1:17)
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Stephen E. Garner
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