Should I Pursue Worker's Compensation or a Personal Injury Lawsuit?

Every year, thousands of workers become injured on the job in North Carolina and throughout the United States. If you have been injured at work or while doing work-related activities for your employer, it is important that you understand your options. You may be entitled to compensation through a worker's compensation claim or a personal injury lawsuit.

Understanding the differences between these two options can help you make the best decision possible in order to recover the full compensation you need and deserve. Speaking to an attorney as soon as possible can help you understand your options and make a strategic decision. It will also increase the likelihood that you will recover the most compensation possible for your injuries.

Workers' compensation is an insurance benefit that gives employees injured on the job financial compensation. Most North Carolina employers carry workers' compensation insurance. If employees file a claim, they can receive compensation for a portion of their lost wages and medical expenses if they have experienced a qualifying injury that leaves them unable to work.

Under North Carolina laws, most employers with two or more employees must carry workers' compensation insurance to protect workers injured or diagnosed with an occupational disease. You can recover workers' compensation benefits even if you were partially or fully responsible for the accident that caused your injuries. However, you must prove that your injuries occurred during working hours or were directly related to your job duties to receive benefits.

If you get injured on the job, the steps you take next can help or hurt your claim for compensation. First, you should immediately report your injuries to your employer. Under North Carolina worker's compensation laws, you only have 30 days to report your injury to your employer to remain eligible for benefits.

Suppose you report your injury within that time, and your employer still refuses to offer you workers' compensation benefits. In that case, you have two years from your injury to file a claim against your employer with the North Carolina Industrial Commission.

Workers' compensation benefits include compensation for all of your injury-related medical treatment. You are also entitled to compensation for a percentage of your lost wages if you cannot work for seven days or more because of your injury. If your injury makes you unable to work in the future, you can become eligible for additional disability benefits. Some employers may try to claim that you were not injured on the job or deny your claim for other reasons. Working with an attorney can help you decide whether you qualify for these benefits.

An attorney can review your employment status, the circumstances of your injury, and your prognosis to help determine the ideal approach to your workers' compensation claim. They can also help you gather more medical evidence to support your claim and calculate the total amount of benefits you can expect. Lawyers can also negotiate with workers' compensation insurance companies to pursue a fair amount of benefits for you.

Workers' compensation benefits can be important in recovering compensation after a workplace injury. Many employees immediately file for workers' compensation benefits because they are understandably concerned about paying their medical bills and other bills when they cannot work.

However, if you have been injured in an accident, it is always advisable to speak to an attorney before you apply for workers' compensation benefits. If you were injured in an accident caused by another person's negligence or recklessness, it may be smarter for you to pursue a personal injury lawsuit.

When you accept workers' compensation benefits, you must sign a document stating that you will not pursue legal charges against your employer. If your employer is negligent in causing your injuries, pursuing a lawsuit against your employer may be better. Through a personal injury lawsuit, you can obtain compensation for more types of damages, such as property damage, loss of consortium, pain and suffering, anxiety, depression, PTSD, and others.

You may be entitled to compensation if you have been injured in a personal injury accident at work. Before you accept workers’ compensation benefits, you will benefit from discussing your options with an attorney. Contact Arnold & Smith, PLLC, to schedule a complimentary case evaluation with a skilled attorney.