Should I File a Workers' Comp Claim or Personal Injury Claim?

When a person suffers an injury at his or her workplace, he or she can either file a workers’ compensation claim or a personal injury lawsuit. Since many people are not aware of the differences between the two options, the following blog post will explain them thoroughly.

Workers’ Compensation

According to workers’ compensation laws, benefits are available to an employee who suffers an injury on the job, no matter who was at fault. For an injured worker, the requirements include showing that the injury occurred on the job and that the accident happened while the person performed work duties.

Workers’ compensation benefits cover medical costs, lost wages, compensation for a permanent injury, and reimbursement for any required vocational training. In return for accepting this type of benefit, injured workers are prohibited from suing their employer for additional damages.

Personal Injury

If you have suffered an injury caused by the negligent actions of another party, you may be eligible to recover compensation through a personal injury lawsuit. Although workers’ compensation offers compensation for economic damages, such as medical expenses and lost wages, personal injury offers compensation for both economic and noneconomic damages, including emotional distress, as well as pain and suffering.

Am I Eligible for Both?

While workers’ compensation benefits offer financial relief for workers who suffered an injury, sometimes they are not enough to keep the injured party financially afloat. Although you may not file a personal injury lawsuit against an employer, perhaps your injury may have been caused by another individual or entity.

For example, if you were working in a construction site and suffered an injury in a fall caused by defective scaffolding, you may be eligible to sue the scaffolding company, manufacturer, or supplier for monetary damages.

However, if you were injured by an employer’s intentional or egregious conduct, you may file a personal injury lawsuit against him or her.

If you wish to file either or both a workers’ compensation claim and/or personal injury lawsuit in Nebraska, contact Burnett Wilson Law and schedule a free case evaluation with our Omaha personal injury lawyers today.