What Type Of Claim Should You File?

Many of our clients have asked us the difference between filing a workers' compensation and personal injury claim. If you have been injured on the job, then you want to file a workers' compensation claim — but did you know that you may also be able to file a personal injury claim? It is common to think that injured workers can only file a workers' compensation claim, but there are times when personal injury claims are possible as well, if a third party's negligence caused the accident and resulting injury.

Pros And Cons Of A Workers' Comp Claim

After a work-related injury occurs, the most common claim that is pursued by an individual or family is workers' compensation. This is beneficial if your injury disables you from returning to work for a period of time because you are guaranteed payment during that period. Workers' compensation can provide a "safety net" to injured employees, giving you a sense of confidence in your job.

However, there are downsides to workers' compensation as well. In many situations, employers and insurance companies are reluctant to pay which can lead them to attempt to minimize your payout by convincing you to accept less than maximum compensation. Further, you are only entitled to two-thirds of your wages in a workers' compensation claim and are not entitled to be compensated for pain and suffering. This is why it is often in the injured worker's best interest to file a personal injury claim in addition to filing a workers' compensation claim.

Pros And Cons Of A Personal Injury Claim

Personal injury claims can be beneficial because you are able to fight aggressively for the full amount of your lost wages and for pain and suffering. If you file a personal injury claim in addition to a workers' compensation claim, it is a good backup plan in case your workers' compensation claim is denied, and it is the only way to recover all damages incurred.

The downside to filing a personal injury claim is that they offer no absolute promise of compensation while workers' comp guarantees compensation if accepted by the insurance company, even if it is less than adequate.

In order to receive any type of compensation at all from a personal injury claim, you must win your personal injury lawsuit. In addition, when you file a personal injury claim, you will not have payment during the time you are unable to work, and there is a risk of no payment at all, should you lose.

Learn About Your Options

With the representation of the lawyers at The Law Firm of Ledbetter & Titsworth, P.A., you can rest assured that we will fight our hardest to get you the compensation you deserve. We have extensive experience and success filing both types of claims in North Carolina.

Contact us today by calling 919-297-2372 or emailing us for a free consultation with one of our attorneys.

We serve Cary, Raleigh and the Triangle.