If you have been injured in a workplace accident you may be tempted to simply take workers’ compensation and skip even talking to a personal injury lawyer. While workers’ compensation is often the best option it is not always the best option. Keep reading to find out how a personal injury lawyer can help in a workplace injury lawsuit then contact Law Offices of Fernando D. Vargas at 909-982-0707 if you need a free legal consultation.
When to Choose Workers’ Compensation
If you were injured at work and there was no particular person or entity at fault then you are likely better off seeking out workers’ compensation. Why? Because this coverage does not require that you prove anyone was at fault. All you have to prove is that you were injured, that your injury occurred at work, and that you suffered damages as a result. These are fairly straight forward in most cases.
When it May Be Best to File a Personal Injury Lawsuit
On the other hand, there are a number of situations in which it may make more sense to file a personal injury lawsuit. The most common reason that people choose this option is that the settlements or jury awards are typically bigger with personal injury lawsuits compared to workers’ compensation. This is true for a number of reasons.
First, there are guidelines by which you will be paid for a workers’ compensation claim. It will depend on your medical bills, time missed from work, and other quantifiable factors. The same factors will be considered when a judge or jury awards a judgment but they will have much more leeway when determining what your case is worth.
Second, there are some damages that you cannot recover in a workers’ compensation case that you can recover in a personal injury case. For example, you cannot recover pain and suffering in a workers’ compensation case and you can only recover a portion of your damages for missed wages.
When to Call an Attorney for Help
If you have suffered a serious injury at work, such as electrocution, then it is worth talking to a personal injury attorney to find out what your options are. It may be that taking workers’ compensation is the best option. It is much easier to “win” that type of case and you will generally see your funds much faster.
However, if your injuries were significant than it may be worth filing a personal injury lawsuit. Your attorney can help by gathering evidence, interviewing witnesses, finding expert witnesses, and filing the appropriate paperwork. Get started now by contacting Law Offices of Fernando D. Vargas at 909-982-0707 for a free legal consultation.
