Workplace accidents are all too common with millions of incidents occurring in the U.S. each year. Across a variety of work environments, employees may be subjected to a range of potential hazards that can result in various types of injuries. Some of the most common types include overexertion or non-impact injuries, contact with heavy objects and equipment, and exposure to harmful substances.
In the event of any workplace accident, it’s important for the injured person to be aware of the options available to them for pursuing compensation. This knowledge can help ensure they receive adequate financial support to aid in their recovery and empower them to take control of their situation in the aftermath of an accident.
Workers Compensation vs. Personal Injury Claims
When workplace accidents occur, employees routinely pursue claims with workers’ compensation, a form of insurance providing wage replacement and medical benefits to employees injured in the course of employment. This system is designed to ensure that employees receive the appropriate medical care, lost wages, and, if necessary, disability compensation, without the need for litigation.
While it is a common and often first line of coverage for workplace injuries, workers’ compensation is not the only option for workers who get injured on the job. Certain individuals might instead file a personal injury claim, a legal action that seeks to obtain compensation for the damages sustained due to the injury. Damages can include medical expenses, loss of earnings, property damage, emotional distress, and pain and suffering. Given these options, an individual should consider multiple factors when deciding which method to pursue.
Employee Eligibility
First, not all workers may be eligible for workers’ compensation. Though there may be exceptions, workers’ compensation is usually reserved for traditional employees, meaning that independent contractors are typically not covered by this insurance. In the event of a workplace injury, independent contractors, or contract employees, may need to file a personal injury claim instead. If a contract worker is injured due to someone else’s negligence, they may need to pursue this type of claim to seek compensation for their medical bills, lost wages and any other damages they may have suffered.
Comprehensiveness of Coverage
Workers’ compensation can sometimes fall short of covering the full extent of incurred expenses, including long-term medical costs, rehabilitation, and loss of future earnings. It also does not provide compensation for intangible losses such as pain and suffering. On the other hand, a successful personal injury claim can potentially recover a larger amount of damages.
Negligent Party or Parties
An important distinction to note with workers’ compensation is that in exchange for this coverage, employees must relinquish the right to sue their employer for negligence. Personal injury claims, however, allow the injured party to hold the negligent party accountable, even if that party is the employer.
If the injury was caused by the negligence of a third party, such as a vendor, contractor, or even a coworker, the injured worker may have grounds to file a personal injury lawsuit against that party. Furthermore, if the employer’s conduct was particularly egregious or intentionally harmful, additional legal action might be possible. Therefore, filing a personal injury claim for a workplace accident can often provide a broader range of compensation to the injured party.
What to Do After a Workplace Accident
If you’ve been injured in a workplace accident and decide to pursue a personal injury case, understanding how to navigate the process of filing this claim can be essential.
Reporting the Workplace Accident
Immediately after the accident, be sure to promptly report the incident to your employer. This report should include the date, time, location and details of the accident, as well as any individuals involved. Prompt reporting can help establish a record of the incident and can be a critical first step in initiating a personal injury claim.
Seeking Medical Attention
Following a workplace injury, you should seek medical attention as soon as possible. Even if your injuries initially seem minor, certain conditions may not manifest symptoms until hours or even days later. A timely medical examination can establish a clear link between the workplace accident and your injuries, which can be crucial in supporting your claim.
Consulting with a Personal Injury Attorney
Navigating a personal injury claim can be complex and stressful, and having an experienced attorney on your side can make a significant difference. They can help you understand your rights, guide you through the legal process and advocate for you to ensure you receive the compensation you deserve.
Gathering Supporting Evidence
An attorney can also guide you on how to collect evidence to support your claim. This can include photographs of your injuries and the accident scene, witness statements, copies of your medical reports and any other documentation related to the accident. It’s important to remain organized and keep all this documentation in a safe place.
Get Help with Your Workplace Accident Personal Injury Claim
When dealing with a personal injury claim, it’s essential to have experienced, dedicated legal representation. Our team at Talbot, Carmouche & Marcello is committed to advocating for the rights of injured parties, guiding them through the complex legal process and fighting to secure the maximum compensation they deserve. If you or a loved one has been injured in a workplace accident, contact us for a free consultation.