When a worker is injured on the job site, they want to do whatever they can to receive full compensation for their injuries. Most people never been in such a situation before, so they may be unsure of their options.
One of the first decisions to make is what type of claim to pursue. They may have heard terms such as “personal injury” or “workers’ compensation” but might not understand what the differences are and whether a personal injury lawyer or Missouri Workers Compensation attorney would be best suited to handle their case.
At The Krebs Law Firm, we represent clients in both Missouri work comp cases and personal injury lawsuits, so let’s discuss some of the major differences between the two types of cases.
Does Fault Matter?
Determining who is at fault for the workplace injury is going to matter more depending on the type of accident. For example, in a Missouri car accident case, which is a type of Missouri personal injury case, determining who is at fault will have a major impact on compensation, but it does not matter in Missouri workers’ comp cases.
At the time of a workplace injury, Missouri workers’ compensation is typically triggered on behalf of the injured employee, but there is no attempt to determine who is at fault for what happened.
This can be a good thing for an injured Missouri worker if they were at fault or no one was at fault for their work injury. But sometimes it can work against the value of their case if there was fault on the part of the employer or a coworker compared to a Missouri personal injury case.
Fault is a major determining factor for a Missouri personal injury case. For instance, a Missouri car accident requires proof that another party is to blame for the injury, due to negligence or some other fault on the part of the other driver.
This can become complicated if multiple parties are involved, but may result in a higher payout for the case if the injured party is shown not to be responsible for the accident.
Differences In Compensation
Missouri workers’ comp benefits can compensate lost wages and medical treatment along with a permanent award for injuries to the damaged body part.
Personal injury may include additional compensation in other areas, such as pain and suffering or loss of life enjoyment.
While payments can potentially be higher in a personal injury claim, they can also be more complicated to navigate.
Missouri Workers’ comp is more straightforward, providing regular weekly payments to the injured without much fuss. But if you had a surgery resulting from the accident, then you need a Missouri Workers Compensation attorney to get you top dollar for your long term permanent injury award.
These are the two main differences between Missouri workers’ comp claims and personal injury lawsuits, but there is much more beneath the surface.
In some instances, an injured employee may actually have both a Missouri work comp case and a personal injury claim. Because there are pros and cons to consider for which type of case you should pursue, you should consult a Missouri injury attorney who handles both Missouri Work Comp and Personal Injury cases.
The more informed an injured worker is regarding their options, the higher their chance of receiving the results that they deserve.
For peace of mind about your claim, contact a law firm that handles both workers’ comp and personal injury cases to determine your best move regarding your Missouri workplace injury.