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The Intersection of Workers’ Compensation and Personal Injury Claims – Which One Should You File?

Workers’ compensation is a form of legal recourse that is meant to help injured workers in the country get compensated should they get injured on the job. It is mandatory for all employers to carry this in all states, and it provides a legal protection and a way for workers to take care of their medical bills, rehabilitation as well as some of the associated costs one encounters when they take time off work in order to receive treatment and heal after an injury.

It is ideally a no-fault system designed to help employees receive benefits, but many times, the amount is insufficient to cover the medical bills as well as reimburse an injured party for their medical, rehabilitation and associated costs. In such instances, it is advisable for workers to consider filing a third-party personal injury claim as doing so will help them apportion negligence for their injuries which can make it possible for a worker to seek additional damages for pain and suffering, lost wages, emotional distress and so much more.

However, ever so often, these two forms of compensation intersect, and having a comprehensive understanding of the two may make it possible for one to receive the full compensation they deserve to rebuild their lives without having to worry about going into financial ruin.

That said, teasing out the two and knowing what exactly to demand for in terms of damages is something that may not be amenable to the average worker who may leave tens of thousands of dollars on the table should they try to go it alone, which is why we would like to offer our services as a top workers’ compensation third party liability law firm so you can get the justice and benefits you deserve after getting injured on the job – read on to find out how.

No Upfront Fees: Get the Legal Help You Need with Zero Financial Risk

Are you looking for the best third-party liability workers’ compensation lawyer? Please call us NOW at (314) 481-63338 to learn more about your legal options for justice and compensation. The experienced workers’ compensation injury attorneys at McCready Law bring to the table over 90 YEARS of combined legal experience where we’ve helped tens of thousands of injured Americans across the country from all different backgrounds recover compensation after getting injured on the job.

McCready Law has recovered over $260 million for its clients to date, and the reasons for our massive legal success are numerous – we personally handle all cases and do not shunt them over to paralegals as is common in other law firms, we are not afraid to litigate cases should the situation call for it as this is often the best way to recover compensation.

In contrast, most law firms simply engage the insurance company in settlement negotiations which often end in the plaintiff receiving partly payouts. In addition to having nationwide reach thanks to our vast and trusted network of referral law firms and attorneys, we also run a bilingual firm (hablamos Español), and we take on all cases on contingency fee basis, which simply means that there are ZERO UPFRONT FEES for the duration of the processing of the claim, as we only levy our fees at the end of the suit, and only if we’ve recovered compensation on your behalf.

If you got injured on the job anywhere in the country and are worried that workers’ compensation may not be sufficient for all your needs post-injury, please give us a call NOW at (314) 481-63338 to learn more about your legal options for justice and compensation – our intake team is standing by.

What’s The Difference Between Workers’ Compensation vs Personal Injury Claims?

Put simply, workers’ compensation is an insurance no-fault system which provides wage replacement and medical benefits to employees injured on the job. It is protective by nature for both employers and workers, and employers are shielded from any lawsuits arising out of a worker’s injuries. That said, this form of compensation is flawed due to a number of reasons: the benefits are limited and may not cover other forms of non-economic damages, as well as the fact that the employers cannot be sued for injuries sustained as it is considered an exclusive remedy for the worker.

Personal injury claims, on the other hand, are filed when one sustains injuries due to the negligence or intentional acts of another party. They allow a worker to recover money damages due to the breach of duty of care carried out by the liable party, and one of the major differences between this and workers’ compensation claim is the fact that one needs to demonstrate the defendant’s fault.

In some instances, it may be possible to file both a workers’ compensation claim and personal injury claim, particularly if a third party was responsible for your injuries on account of their negligence. For example, if you fell down a flight of stairs at work or got burned by a malfunctioning heater, you may sue the contractor hired to carry out the installation of stair banisters, or the manufacturer or heater installer for commissioning a defective or faulty heater, or not servicing it on a regular basis.

Best Workers’ Comp Third Party Liability Injury Lawyers – Call Us Today!

In such instances, you can recover full lost earnings, pain and suffering additional medical costs such as rehabilitation and home-based care and so much more. That said, many jurisdictions apply something known as subrogation which is a legal avenue which allows insurers to claim a portion of any personal injury settlement so they can offset some of the benefits they’ve already paid out to the injured worker.

Due to the complexity of these types of claims, we do not advise you to attempt self-representation, nor should you consider signing any papers the insurance company provides you with. Instead, please give us a call NOW at (314) 481-63338 to learn more about your legal options for justice and compensation. Remember, the call is 100% FREE, and there is no legal obligation. Thanks for choosing us, and we look forward to helping you.