When an employee is injured on the job, they don’t know what to do next. Along with getting the necessary medical treatment, many injuries result in missing time from work. Unfortunately, many employers use these situations to dismiss workers, or pressure them into returning to work before they are physically able to do so. In addition to this, injured workers must decide whether or not to file a workers’ compensation claim, or perhaps even a personal injury lawsuit. If you find yourself facing this situation, here are some important aspects regarding work injury law.
Workers’ Compensation Claims
If you are seriously injured on the job, it’s often best to file a workers’ compensation claim as soon as possible. However, this is a very complex process, and should be done with the guidance of an attorney specializing in these cases. Along with this, some employers strongly disapprove of these claims, and will attempt to make the process as difficult as possible.
Personal Injury Claim or Workers’ Comp Claim?
Depending upon the circumstances surrounding the injury, an employee may need to decide whether to file a workers’ comp claim, or instead pursue a personal injury lawsuit. In these instance, an attorney’s advice will be critical. In most cases, a workers’ comp claim may be easier to win, but a personal injury lawsuit will generally pay more.
Hiring a Workers’ Comp Attorney
Since workplace law is so complex, hiring an attorney is a very important decision in many ways. Not only will an attorney who specializes in work injury law know how to plan strategy and protect your rights, but they will also have a great deal of experience in negotiating settlements, which is how many of these cases play out. Therefore, while you will need an attorney as soon as possible after your accident, make sure the lawyer you hire has the experience and knowledge needed for these cases.
Depending on whether you file a workers’ comp claim or a personal injury lawsuit, the types of compensation gained can vary. For example, a workers’ comp claim will generally only provide compensation directly related to medical expenses and your salary, while a personal injury lawsuit will also provide compensation for pain and suffering and other punitive damages in some cases. Because no two cases are exactly alike, much of what you gain will be determined by your attorney’s skills and knowledge.