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Workers’ Comp. vs. Personal Injury Claims

Finding fault is the key to any lucrative lawsuit. It’s also the primary component to use when determining if you should file a workers’ comp. or personal injury claim when you get hurt at work. If the accident was in any way your fault, you are still entitled to receive worker’s comp. In this case, it is totally fine to take the benefits offered to you, heal-up, and move on.

If the accident was someone else’s fault, however, and you have proof, you’re probably already considering hiring a legal team. Personal injury claims can be much more lucrative because any person who suffers due to the negligence of another is entitled to compensation. Unlike workers’ comp., which only offers economic damages, personal injury lawsuits can pay you for pain, suffering, and emotional distress. In some cases, you can collect worker’s comp. and make a claim against a third party.

Proving Fault

To collect compensation for non-economic damages, or win a personal injury claim, the person initiating the lawsuit must prove that the other party is at fault. This may sound easy enough until we think about the case of a slip and fall. Naturally, the defendant will deny any negligence. They may even try to tweak the story and convince others that the accident was entirely your fault. This is exactly why you need the best personal injury attorneys you can get. At Whiteman, Hamilton & Conklin, LLC, your fight becomes our fight the second you schedule a free consultation.

Still Not Sure?

If you’re not sure if your work injury was your fault, or if your injury is worthy of a personal injury lawsuit, consider these scenarios:

  • You were hurt by a defective product. In this case, the manufacturer should take full responsibility and compensate you accordingly.
  • Your employer does not carry workers’ comp. insurance.
  • Your employer acted intentionally or in a way that was obviously dangerous.
  • You were injured by a toxic or illegal substance.
  • The property was unsafe or demonstrated a lack of proper precautions.
  • You were involved in a car accident, especially with a commercial vehicle.

If any of these situations are related to your work injury, give us a call at (404) 800-4661. Remember, all consultations are free.

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