Personal Injury Lawyer vs. Workers’ Compensation
If you have suffered a work-related injury or developed a medical condition due to your work conditions, you might be wondering whether you should hire a workers’ compensation lawyer or a personal injury lawyer to pursue compensation. The answer is – it depends on what caused your injury and what kind of benefits you are entitled to.
Differences between a Workers’ Comp Claim and Personal Injury Claim
Fault vs. No Fault
A workers’ comp claim is a no-fault claim, which means you are not required to establish anyone’s liability in order to receive monetary compensation. More importantly, even if the accident happened as a result of your own negligence, you can still receive compensation under the workers’ compensation program.
A personal injury claim, on the other hand, is a fault-based claim, which means you need to establish the at-fault party’s liability in order to recover monetary compensation. Apart from this, if you are found to have contributed to the accident in any way, your compensation will be reduced depending on the extent of your negligence.
Damages Recoverable
A workers’ comp claim only allows you to recover medical benefits, lost wages, and disability benefits. A personal injury claim, on the contrary, not only allows you to recover economic damages like medical expenses, lost wages, and property damage, but also allows you to recover non-economic damages like pain and suffering, loss of consortium, and mental anguish.
Pain and suffering is often the largest financial component in a personal injury damages award, and skilled attorneys focus their energies on building robust evidence using an accident reconstructionist, testimonies of medical specialists, and financial experts who can estimate your current and future rehabilitation and recovery costs, current and long-term loss of income, and the expected physical and emotional pain and suffering you are likely to experience over time.
Personal Injury Lawyer vs. Workers’ Compensation Lawyer: Who is the Right Choice to Handle Your Claim?
If your injury was caused because of your employer’s negligence or your own negligence, you might only be entitled to recover workers’ comp benefits. On the other hand, if a third-party’s negligence contributed to the accident in any way, you might be able to sue them and recover damages – in addition to receiving workers’ comp benefits.
Your best option is to hire a personal injury lawyer who also handles workers’ compensation claims, so that they can file a workers’ comp claim as well as a personal injury claim if needed and recover the maximum possible amount of damages.
Contact a Personal Injury Lawyer before Filing a Workers’ Comp Claim
Following a workplace accident, you should consult with a personal injury lawyer so that you can find out what kind of benefits you might be entitled to. The lawyer can tell you whether a third-party can be held liable and whether you might be able to recover both economic and non-economic damages from them. They can also help you file a workers’ comp file within the deadline and make sure you receive all the benefits you are legally entitled to.
Injured at Work? Our Seasoned Injury Lawyers Can Help You Recover Maximum Compensation
At the Law Offices of Michael S. Lamonsoff, we have extensive experience in handling workers’ compensation as well as personal injury claims. If you have been injured at the workplace, we can find out who can be held liable for your injuries and whether you might be entitled to monetary damages in addition to workers’ compensation benefits.
Led by Michael S. Lamonsoff, who is known as ‘The Bull’ for his ability to fight relentlessly to pursue compensation for his clients, our firm has recovered more than half a billion dollars in settlements and jury awards for our clients over the years and we are capable of getting results that few other firms can.
Call us today at 212-962-1020 or fill out our online contact form to schedule a free consultation with an experienced New York workers’ compensation lawyer.