While most people who are injured at work may believe that workers’ compensation is their only option, you may be interested to know that filing a personal injury lawsuit may also be the best option for your circumstances. However, how do you know which one will be best? Do you always have both options or can you only file for workers’ compensation in certain situations? Attorneys understand that navigating this complex legal system usually comes with more questions than answers, which is why we are here to help you determine if filing for workers’ compensation or a personal injury lawsuit will be in your best interest. To set up an initial consultation with our office, please contact us now. 

What is the difference?

When you become injured, one of the first things you will want to know is how you should file. Should it be through workers’ compensation or a personal injury lawsuit?

Personal Injury Lawsuit. When you choose to file a personal injury lawsuit, you will need to establish fault. If, for example, you were on someone else’s property (a restaurant) and you become injured because there was a puddle of liquid on the floor and you slipped and fell, you may be able to prove that someone else should have taken care of this spill. This could land on the restaurant manager and could be the result of the wait staff knowing that there was a spill but not cleaning it up in enough time. 

Workers’ Compensation. When it comes to workers’ compensation, you do not need to establish fault. In fact, if you are an employee of a company and were injured on the job and it was your fault the injury occurred, it is likely that you would still be able to receive workers’ compensation. To successfully file for workers’ compensation you do not need to show that anyone else’s negligence directly caused the accident and your injuries. 

Can you use both workers’ compensation and a personal injury lawsuit at the same time?

When you file for workers’ compensation, you are filing to receive payment for monetary losses like lost wages, medical bills, and time off. When you file for workers’ compensation, you cannot turn around and sue your employer to receive more compensation or damages for things like pain and suffering. In uncommon scenarios, if your employer intentionally set out to cause you harm while you were working, it is possible to speak with your attorney about filing a lawsuit against them so that you can collection damages like pain and suffering.

If you have further questions about workers’ compensation and filing a personal injury lawsuit, please speak with the workers’ compensation attorneys like workers compensation lawyers in Manitowoc, WI, today. 

Thank you to the experts at Hickey & Turim SC for their insight into the difference between personal injury and workers’ compensation.