Today, more and more companies are offering their employees comprehensive coverage in case a disaster strikes. This means that if you’re hurt on the job or suffer an unexpected workplace injury, you’re entitled to worker’s compensation. Sometimes, though, the workers in question are not well-versed when it comes to workers comp laws, leading to a common question: should I file a workers’ comp claim or personal injury claim?
The answer is easier than you think. Regardless of the situation, it’s advisable to seek the counsel of a Louisiana personal injury lawyer to offer some added clarity.
Understanding Workers’ Comp
Workers’ compensation is a crucial benefit that came to fruition as a result of exploitative labor practices, particularly those in industries like manufacturing and construction, where on-the-job injuries were commonplace. The purpose of the policy is to provide those workers with compensation to cover medical expenses, lost earnings, and other damages that can affect the workers’ livelihood.
An important distinction with workers’ comp policies is that regardless of who was at-fault for the injury, the worker filing the claim will be covered. This ensures that workers, no matter what, are always protected in the workplace. At the same time, these laws prevent workers, particularly those filing for compensation, from suing their employer, ensuring that both parties receive coverage, whether through monetary or legal means. There are instances, however, when a personal injury claim may be filed in lieu of a workers’ comp claim.
Filing for a Personal Injury Claim
While your workplace is essentially immune from legal action once a personal injury claim is filed, you can still claim damages in instances when a third-party is held responsible for causing your injuries.
Consider the following example:
Let’s say you work as a delivery driver. On one of your daily routes, you get struck and injured by a non-commercial driver who we’ll call Bob. Bob was driving at a high rate of speed while intoxicated, crashing into your delivery truck. Because Bob was operating the vehicle in a highly irresponsible and culpably negligent manner, this is a situation where it makes sense to file a personal injury claim against him. At the same time, you can claim workers’ compensation from your employer, because you were injured on the job.
While you’re not necessarily suing or “blaming” your employer for this accident, it’s important to note that because the injury occurred during work hours and you were on the job, you’re rightfully owned compensation. Ultimately, to file for a successful claim related to a car accident, it’s best to seek the services of a Louisiana workers’ compensation attorney, who can review your case and give you the best course of action moving forward.
Get the Compensation You Deserve With an Accident Attorney
Don’t let post-accident damages get you down; with the right legal representation, you can get them covered. If you’re eligible for a personal injury claim, we can help you claim the highest amount of compensation possible. It’s time to reach out to the attorneys at the Law Offices of E. Orum Young. We’ve helped our clients battle against overwhelming damages associated with post-accident injuries for 35 years and counting, and we can do the same for you and your family.
It all starts with a free consultation and case review with one of our qualified accident attorneys. Give us a call 24/7 at (318) 814-9352 or complete our online contact form.