Injured on the Job? Workers' Comp vs. Personal Injury Claims
Suffering an injury on the job is never easy, and it can leave you feeling overwhelmed and unsure of where to turn. Whether you're dealing with medical bills, lost wages, or other expenses, it's essential to understand your legal options for seeking compensation.
Workers' comp claims and personal injury lawsuits are two common paths for obtaining benefits. While both can provide financial support for injured workers, they differ significantly in how they get handled and the types of compensation available.
If you get injured on the job in Oklahoma City (OKC), you may be entitled to compensation through a workers' compensation claim or a personal injury lawsuit.
However, it's essential to understand the main differences between these two types of claims to ensure you receive the compensation you deserve. In this blog, we'll compare workers' comp and personal injury claims, highlight the key differences and explore whether you can pursue both types of compensation.
Key Contrasts: Workers' Comp vs. Personal Injury Lawsuits
Workers' Compensation Claims:
Compensation for workers is a form of insurance that benefits employees injured on the job. In OKC, employers must carry workers' comp insurance, which covers medical expenses, lost wages and vocational rehabilitation for injured workers.
One of the main differences between comp claims and personal injury lawsuits is that workers' compensation is a "no-fault" system. Injured workers are entitled to benefits regardless of who was at fault for the accident. In other words, you can receive workers' compensation benefits even if your actions contributed to the accident. However, some exceptions exist, such as injuries caused by intoxication or willful misconduct.
Another key difference is that these comp benefits are typically limited in scope. In OKC, workers' comp benefits generally cover medical expenses, temporary total disability (TTD) benefits if you cannot work, and permanent partial disability (PPD) benefits if you have a permanent impairment. However, the benefits do not typically include compensation for pain and suffering, emotional distress, or punitive damages.
Personal Injury Lawsuits:
On the other hand, personal injury lawsuits are typically filed against third parties responsible for causing the accident that resulted in your injuries. For example, if you were injured in a car accident while driving for work, you may be able to file a personal injury lawsuit against the negligent driver.
Unlike comp claims, personal injury lawsuits are fault-based. To recover compensation, you must prove that the other party was at fault for causing the accident. It typically requires establishing that the other party was negligent or engaged in wrongful conduct.
Another key difference is that personal injury lawsuits can potentially result in hefty compensation awards. In addition to medical expenses and lost wages, personal injury lawsuits can include compensation for pain and suffering, emotional distress, and punitive damages. However, it's important to note that personal injury lawsuits can be more complex and time-consuming than workers' compensation claims.
Dual Compensation? Workers' Comp and Personal Injury Compensation
In some cases, you may pursue both compensations for the same accident. However, there are important considerations to keep in mind. In Oklahoma, if you receive workers' compensation benefits, you generally cannot sue your employer or co-workers for damages related to the same injury. The benefits intend to be the exclusive remedy for workplace injuries, and filing a personal injury lawsuit against your employer or co-workers may be barred by law.
However, suppose a third party, such as a contractor or another driver, was responsible for causing the accident. In that case, you may be able to pursue a personal injury lawsuit against that party in addition to receiving workers' comp benefits. For example, suppose you were injured in a slip-and-fall accident at a construction site due to the negligence of a subcontractor. In that case, you can file a personal injury lawsuit against the subcontractor while also receiving benefits from your employer.
It's important to note that navigating the complexities of both claims can be challenging, and it's essential to seek the guidance of experienced attorneys specializing in both law areas.
Foshee & Yaffe Attorneys at Law: Your Trusted Legal Advocates in OKC
If you've been injured on the job in OKC and are considering pursuing workers' comp benefits or a personal injury lawsuit, the skilled lawyers at Foshee & Yaffe Attorneys at Law are here to help. With years of experience in handling workers' comp and personal injury cases, our team of legal experts can provide you with the personalized and aggressive representation you need to obtain the compensation you deserve.
When you choose Foshee & Yaffe Attorneys at Law, you can trust that you'll have a dedicated advocate by your side every step. We'll thoroughly investigate your case, gather evidence, negotiate with insurance companies, and fight for your rights in court if necessary. We aim to ensure that you receive maximum compensation for your injuries, including medical expenses, lost wages and damages for pain and suffering, emotional distress and other losses.
**Disclaimer: This content is not to be construed as legal advice nor does it establish terms of a client-attorney relationship.