How Do I Know Whether to File a Personal Injury or Workers' Comp Claim?

File a Personal Injury or Workers Comp Claim? 

If you have been injured in your workplace, you are likely entitled to some form of compensation, but may be confused about whether to pursue a workers' compensation claim or file a personal injury lawsuit. Fortunately, in most cases, the appropriate course of action is easy to discern based on the specifics of how you got injured at work.

Whether you are entitled to make a workers' compensation claim or have grounds to file a personal injury lawsuit, Bates Law is ready and waiting to help you navigate the legal process and secure the remedies due to you because of your injuries. Here is what you need to know.

Understanding a Workers' Compensation Claim

Any employee who is injured at work in the course of performing his or her professional duties is entitled to make a workers' compensation claim.

You do not need to establish fault or responsibility for an injury that happens in your workplace, and you are usually still entitled to make the claim even if your own negligence contributed to the accident.

If you suffer an injury in your workplace, it’s important to immediately receive professional medical treatment for the injury and notify your employer. Once you have received medical care, you should seek legal advice from qualified lawyers like those at Bates Law to ensure you’re able to initiate a workers' compensation claim as soon as possible.

Under workers' compensation law, you are eligible to receive medical care paid for by your employer, along with disability benefits if your injury is disabling, even temporarily. Your family is additionally entitled to death benefits if your injuries cause you to die.

You may also be eligible for job displacement benefits to secure training or skill enhancement if you are no longer able to perform your original job duties and must seek alternate employment. Speak with your Bates Law advisor to determine the full scope of the benefits that are due to you.

Understanding a Personal Injury Lawsuit

In contrast to a workers' compensation claim, a personal injury lawsuit requires you to be able to prove that you were injured as a result of the negligence or actions of another party, whether your employer, a coworker or another unrelated party.

If you are not able to prove that your injuries were the result of another party’s actions or neglect, your personal injury lawsuit is unlikely to be successful, so it’s vital to speak with a Bates Law advisor as soon as possible to begin keeping records of your injury and the circumstances that caused it.

In contrast to workers' compensation claims, you may be able to secure additional compensation for pain and suffering caused by your accident with a personal injury lawsuit. You may also be entitled to claim compensation for all damages caused by the accident, including loss of wages and future earning potential, along with all future medical expenses related to the injury.

How Bates Law Can Help With Your Workplace Injury

Bates Law is dedicated exclusively to helping those who have been injured or harmed in the workplace or in the course of performing professional duties. Hundreds of injured claimants have received the compensation due to them thanks to Bates Law’s assistance, including this anonymous client, who said, “I hired Mr. Bates for a personal injury case for myself and my daughter. He went above and beyond to make sure that we were taken care of and had nothing to worry about except making a full recovery.”

If you are injured while at your workplace, time is of the essence to ensure you receive all compensation due to you. Contact Bates Law today at (619) 222-0900 to schedule a consultation and guarantee your legal rights are upheld.