When Work-Related Accidents Are Personal Injury Issues

Workers' compensation is supposed to pay hurt workers after a work injury or occupational illness. In some cases, workers filing a workers' comp claim are paid what they deserve and can either return to work once they get better or settle with the insurer. There are some cases, though, that may not be appropriate when you take into consideration what the insurer is ready to pay. Read on and find out more.

Workers' Compensation or a Personal Injury Case?

Before workers' comp insurance, workers hurt on the job had no alternative but to file a personal injury case. Then, employers began offering employees insurance to cover accidents. You should know, however, that you cannot be required to use workers' compensation if you are hurt on the job. At the same time, though, the courts may not be friendly toward workers who sue their employer when workers' compensation coverage would have better met their needs. The choice of which to choose depends on several factors. If you have an injury that falls into the below categories, speak to a personal injury lawyer. 

  1. Serious, permanent, and catastrophic injuries: If you are certain that you will never work again and that your life is permanently affected by the work accident, speak to a personal injury lawyer. While workers' comp insurance can be used to cover injuries of that nature, you may not be able to get enough money to cover all your expenses and a lifetime of lost wages from workers' comp.
  2. Toxic exposure: When it comes to toxic substances and the way they affect workers, many hurt workers have gone before you and paved the way for you. Talk to a personal injury lawyer if you are suffering from toxic exposure and find out if a class action suit or a trust fund is already in place to help you.
  3. Defective work conditions: In some cases, a third party is more responsible for your injury than your employer. Badly designed or defective equipment at your workplace can cause horrible injuries. Large manufacturers must be held accountable for bad products so that other workers are not also harmed. Speak to a personal injury lawyer about filing a suit against the product maker.
  4. Pain and suffering: It's not always just about your medical bills and lost wages. Certain serious injuries can set you up for a lifetime of misery and that is exactly what is meant by pain and suffering. The only way to be paid for pain and suffering is to take personal injury action.

Let a personal injury lawyer evaluate your work-related injury before it's too late.