What's the Difference Between Workers' Comp & Personal Injury Claims?
Pros and Cons of Filing a Workers’ Comp Claim
Workers’ compensation is intended to protect both you by not having the requirement you prove fault against your employer and your employer is protected because there are caps on your employer's liability. If you are injured at work and file a workers’ compensation claim, you do not have to establish fault. This means you are not required to prove that your employer, co-workers, etc. were negligent or that anyone, in particular, caused your injury. In fact, you may be able to access benefits even if your own negligence contributed to your injury, as long as your negligence did not act as a departure from your employment duties.
By filing a workers compensation claim you may qualify for medical coverage and have your medical bills paid by the employer. This includes doctor, therapy and surgical bills. There is no cap on how much money you can receive for damages in a personal injury lawsuit, but workers’ compensation case values are in ranges from a low to a high point.
Workers’ compensation pay is issued every 1 or 2 weeks in non-taxable amounts equivalent to roughly 2/3 of your pre-injury gross wage.
Pros and Cons of Filing a Personal Injury Claim
In a personal injury lawsuit, there is virtually no limit to the amount of money you can receive for your personal injuries. If the lawsuit can be successfully settled you have the right to proceed to a jury trial.
However, before you can receive compensation for personal injury damages, you are required to establish fault for your injury and demonstrate that the damage you have suffered is the direct result of negligence. Personal injury litigation can also be a much longer, more costly process and create a much longer gap between injury and compensation. While accepting workers’ comp benefits may be the path of least resistance, a personal injury suit carries the possibility of far greater monetary return if you can prove the proper elements.
Experienced Personal Injury Attorneys in Chicago
If you have been injured on the job, expenses may already be piling up. It may be tempting to access workers’ comp right away in order to get immediate compensation, but it is critical that you get a professional opinion before proceeding with your case. Our personal injury lawyers at Leonard Law Group have years of experience and all the information you need to make the most informed decision possible against those responsible for your injuries.
Call (312) 487-2513 or contact us to receive a free consultation today.