When you’ve been injured on the job, you have two options: tap into
workers’ compensation benefits or file a personal injury claim.
These are viable but very different options, and your choice will have
a direct impact on your recovery. One may be easier, but the other could
cover the full cost of your injury and then some. At Rosenberg & Rosenberg,
P.A., we’re here to help you make the most informed decision possible
by helping you understand the differences between
Workers’ compensation is an insurance policy designed to protect both the injured employee and
the employer. Accessing workers’ comp benefits is fairly straightforward
and does not require you to make a case. In fact, you don’t have
to establish blame, prove negligence, or meet any particularly stringent
criteria in order to receive payment for injury costs. Even if you caused
your own injury, all you have to do is prove you were injured on the job
and that your injury is work-related.
If you bring a
personal injury case against your employer, you will be required to prove that your injury
resulted from their negligence, recklessness, or failure to maintain appropriate
safety standards in the workplace. If you cannot convince a judge that
negligence contributed to your injury, you may not be able to pursue compensation
Amount of Compensation
If you opt to file a workers’ comp claim, you are likely to receive
benefits in short order. However, the amount you can receive is limited,
as are the kinds of damages for which you can pursue reimbursement. Workers’
compensation entitles you to receive 2/3 of your salary each week (or
every other week) that you are unable to work, in addition to coverage
for immediate medical costs and any job-related retraining or rehabilitation.
A personal injury lawsuit also enables you to seek repayment for costs
associated with your injury, such as hospital bills, physical therapy,
medication, etc. It also allows you to go after liable parties and collect
reimbursement for the long-term damage caused by your injury, including
lost wages, lost inheritance, pain and suffering, and other intangible
harm stemming from your injury. If you can prove your employer’s
negligence, this means you may be able to seek punitive damages, which
typically add up to far more than you would receive in workers’
Guaranteed Compensation for Damages
Filing a personal injury suit does not guarantee compensation for damages.
Although workers’ compensation does guarantee compensation for some
damages, the amount you are eligible to receive is limited and comes only
in scheduled disbursements. However, there is no cap on reimbursement
amounts in a personal injury suit, which may be a better fit for employees
whose injuries create expensive, life-altering health problems and inflict
significant personal suffering.
Experienced Injury Lawyers in Ft. Lauderdale
Filing a workers’ compensation claim disqualifies you from filing
a personal injury suit later on, even if workers’ comp benefits
are not enough to cover the costs of your injury in the long-term. This
is why it is critical to carefully measure your options before proceeding.
Our injury attorneys at
Rosenberg & Rosenberg, P.A. have handled many cases over the years and are here to help you get what
you need to make a full recovery.
Call (888) 499-6206 today or contact us
to receive a complimentary case evaluation.