The average American spends nearly 90,000 hours of their life in the workplace. With how much time that we spend in our workplace we have the right to feel safe. However, workplace injuries are still very common. An injury in the workplace can be life altering, it can impact not only your health and wellness but also your livelihood and sense of safety. When you are hurt on the job it can be confusing to know what to do next. Should you file a workers’ compensation claim or pursue a personal injury lawsuit? As the best personal injury lawyers in Utah we understand the differences that each of these options has and we want to share the pros and cons to both of them. In this article we aim to shed light on the rules, benefits, and limitations that both of these possibilities have as well as what decision best suits your circumstances.
What is Workers’ Compensation?
Workers’ compensation is a form of insurance that every employer is required to have here in Utah. This specific type of insurance helps to provide benefits to any employee who has suffered a job related injury or illness. This system was created to help protect both the employer and their workers by offering a simpler process for obtaining compensation from an injury without the need for litigation.
Key Features of Workers’ Compensation:
- No Fault System: In most workers compensation cases, the insurance operates with a no-fault basis. No-fault means that you do not have to prove that your employer was negligent or that you were the cause for the injury. This no-fault basis makes the process much simpler, as long as the injury had occurred within the scope of your employment, you are generally entitled to benefits.
- Benefits Provided: A workers compensation claim typically will cover the medical expenses accrued, the costs of rehabilitation, as well as a portion of the wages you have lost. If your injuries led to a permanent disability then you may also be entitled to long-term benefits.
- Limited Liability for Employers: When an employer provides workers’ compensation insurance it generally helps to keep them shielded from any personal injury lawsuits that are related to workplace injuries. This can mean that an employee may not be able to sue their employer directly for any additional damages like pain and suffering, which might be available from a personal injury claim.
What is a Personal Injury Claim?
A personal injury claim is a lawsuit that is brought against a party whose negligence has directly caused your injuries. Unlike a workers’ compensation claim, a personal injury case is based completely on determining fault. This means that you must be able to prove that the other party’s negligence was completely responsible for your injuries.
Key Aspects of Personal Injury Claims:
- Fault Based System: To succeed in your personal injury claim fault must be established. You or your Utah personal injury lawyer will need to demonstrate clearly that another party’s negligence or negligent actions are responsible for your injuries. In terms of workplace injuries these parties may include: your employer, a co-worker, or a third party such as a contractor or equipment manufacturer.
- Compensation Available: Personal injury claims can offer much broader avenues of compensation than a workers compensation case. Your personal injury claim will cover the same medical expenses and lost wages you would receive from a workers compensation claim, but you can also seek damages for the pain and suffering you have endured, emotional distress, and a loss of enjoyment of life.
- Potential for Higher Awards: Personal injury cases allow for the claims of all the damages that you have suffered from, including non-economic damages like pain and suffering, or changes in your mental health. This means that the compensation that can be awarded can be significantly higher than what you might receive through a workers’ compensation claim.
When Should You File a Workers’ Compensation Claim?
Workers’ compensation is generally the most straightforward route you can take for your injuries. If your injury occurred at work and was directly related to your job duties, then a workers compensation claim provides quicker access to benefits and relief. This claim also ensures that your medical bills and a portion of the wages that you lost from your injuries are covered without the need to prove fault.
Advantages of Workers’ Compensation:
- Quicker Process: The process to receive compensation from injuries is typically much faster as you do not have to establish who is at fault for your accident. This helps the claims process finish much more quickly than a personal injury lawsuit.
- Guaranteed Benefits: As long as your injury happened at the workplace or while you were working you are typically guaranteed some level of benefits. Which is different from a personal injury case where there is a possibility don’t receiving any benefits.
- No Need to Prove Fault: As workers compensation is not liability based, you will not have to establish that a coworker, employer, or piece of equipment was responsible for injuries.
Disadvantages of Workers’ Compensation:
- Limited Compensation: Workers’ compensation benefits will often cover the extent of your medical treatment and very little beyond that. This can be much lower than what you might be able to recover from a personal injury case.
- No Compensation for Pain and Suffering: Workers’ compensation does not cover the full extent of your injuries, particular with non-economic damages like pain and suffering. This means that you will not be able to make a claim for your pain and suffering or changes in your personal life due to your injuries.
- Exclusive Remedy Doctrine: The Exclusive Remedy Doctrine is a Utah law that means that if you file a workers compensation claim with your employer then you are unable to pursue any other further damages against the company. This means that you waive your rights to sue your employer for any acts of negligence that may have caused your injuries.
When Should You Consider a Personal Injury Case?
A personal injury claim may be the right course of action if the injuries you received were caused by a third party’s negligence, this third party can be a contractor, co-worker, or an equipment manufacturer. A personal injury case may also be worth considering if your employer acted with gross negligence or intentional misconduct (purposefully negligent acts) that lead to your injuries. As Utah personal injury attorneys we understand the in’s and out’s of personal injury law, here are the pros and cons to filing a personal injury claim:
Advantages of Personal Injury Claims:
- Potential for Higher Compensation: A Utah personal injury lawyer will be able to make a claim on your behalf for every sort of damage you are suffering from. This includes your medical expenses, lost wages, pain and suffering, emotional distress, and loss of enjoyment of life. This wider array of damages can lead to much higher compensation when compared to a workers’ compensation case.
- Accountability: A personal injury claim aims to hold negligent parties accountable in ways that a workers’ compensation claim cannot. This can lead to more serious changes from either your workplace or management.
- Third Party Claims: If a third party (not your employer) is responsible for your injuries, your Utah personal injury lawyer may be able to file a claim against them in addition to you receiving workers’ compensation benefits.
Disadvantages of Personal Injury Claims:
- Longer Process: Personal injury lawsuits can sometimes take years to resolve, and typically take much longer to resolve than a workers’ compensation claim.
- Risk of Losing: A personal injury case does not guarantee you any compensation. Your case needs to be won, and if you fail to prove negligence or establish fault for your injuries, you may receive nothing.
- Legal Costs: If a personal injury case goes to litigation then you may incur higher legal fees and costs, which can reduce your net recovery. Our Utah personal injury law firm acts on a contingency basis, meaning we do not charge you anything until we win your injury case.
Making the Right Choice for Your Situation
The decision to pursue a workers compensation claim or a personal injury lawsuit can be a difficult decision, and it can often depend on the specifics of your case. If your injury is relatively straightforward and directly related to your job, then workers’ compensation is likely your best path forward. However, if someone’s negligence or a third party is the result of your injury, then pursuing a personal injury case could result in higher compensation.
If you or someone you know has been injured at work or has been injured by the negligence of someone else call the best personal injury lawyers in Utah at LifeLaw Personal Injury for a free consultation. We will go through the details of your case with you and help you figure out the best path forward. Our personal injury lawyers are dedicated to helping you get the compensation you deserve, if you have any questions, feel free to give us a call today and get the help you deserve. Here at LifeLaw we value you, we value life.