If you were hurt on the job, you might be wondering whether to pursue workers’ compensation benefits or file a personal injury claim. Since the circumstances will ultimately determine the best way to proceed, it’s wise to talk to a lawyer before taking either route. In the meantime, here’s what you should know about the major differences between these two kinds of claims. 

The Role That Fault Plays 

Typically, fault doesn’t affect workers’ compensation claims. As long as you were not being grossly negligent — by being impaired, for example, or ignoring industry safety standards — you should be entitled to workers’ compensation benefits. When it comes to personal injury claims, on the other hand, proving fault is necessary to recover a payout. If you want to file such a claim following a work accident, you must demonstrate how your employer — or negligent a third party — was responsible.

The Damages You Can Recover

A successful personal injury claim can yield a considerably larger payout than a workers’ compensation claim. While workers’ compensation insurance only covers reasonable medical expenses, a portion of lost wages, disability, and vocational rehabilitation, personal injury suits provide funds for both monetary and non-monetary losses. That means you can include everything from loss of future earning capacity to pain and suffering, loss of enjoyment of life, and mental anguish in the settlement negations. 

The Choice You Must Make

If you file a workers’ comp claim, you’re waiving your right to sue your employer. In other words, you must choose between the two kinds of claims because you cannot file both. The only scenario in which you may be entitled to both workers’ comp benefits and a personal injury payout is if you have grounds for a claim against a third-party. If you were hurt in a car accident while performing a work errand, for example, you might be able to go through your employer’s insurance and sue the negligent motorist for damages. 

Whether you want to apply for workers’ compensation benefits or file a personal injury claim, you can turn to Stow, Garvin & Glenn for guidance. Located in Gainesville, GA, this firm boasts a seasoned team of resourceful attorneys who have more than 60 years of combined experience in the legal field. To schedule a free consultation, call (770) 534-5265 or reach out on their website.