If you’ve been injured at work, you may be seeking compensation to cover the cost of damages. The first step in the process is determining whether you should pursue a personal injury or a workers’ compensation case. While an experienced legal team can help you make the call definitively, here’s a helpful guide to prepare you for an informed conversation.

Personal Injury

A personal injury case that occurs at work must show another party’s negligence. For instance, an employer who failed to provide a safe work environment, which ultimately caused a slip or fall, could be held liable for an employee’s injury. This negligence must have been intentional or likely to cause significant harm. In addition, these cases can be caused by a third-party, such as a manufacturer of a defective product.

Personal injury cases allow the plaintiff to seek out damages to cover not only the cost of medical bills and lost wages but also damages caused by pain and suffering. Compensation for future earning potential, which has been lost as a result of the injury, can also be pursued.

Workers’ Compensation

Unlike personal injury cases, workers’ compensation claims do not require fault by any party. Instead, the case pertains to an injury sustained on the job. The fault could actually be the employee’s; perhaps a back injury was sustained after lifting an object improperly. They can still receive compensation for a portion of lost wages and medical care under the employer’s workers’ compensation coverage, which is a legal requirement for most companies. However, if the employee still feels that further compensation is owed for pain and suffering and the employer was at fault for the injury, it may be possible to file a personal injury lawsuit in addition to a workers’ comp claim.

If you’ve been injured on the job or at another location and think someone else might be liable, turn to Charles H. Brower Law Corporation, for expert legal counsel. With more than 40 years of experience, this firm has been serving the Honolulu, HI, community with quality representation in the areas of personal injury, work injuries, and wrongful termination, among others. See their full list of specialties online or call (808) 526-2688 to set up a consultation.