What type of claim should you file after a workplace accident?
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What type of claim should you file after a workplace accident?

| Sep 7, 2020 | Workers' Compensation |

A work accident has the potential to cause you pain and leave you with injuries that may require medical care and time off work to recover. You know that most employees have the ability to claim financial support through a workers’ compensation claim, but are there other types of recovery available to you? There are times when an injured Georgia employee should file a personal injury claim in addition to or instead of a workers’ comp claim.

Accidents can be expensive. The out-of-pocket costs associated with a work accident can be immense, and you may feel pressure to accept a settlement or pursue an option because it is the easiest and fastest way to get financial relief. It is important for your long-term interests not to leave any money on the table by exploring all of the options potentially available to you.

Workers’ compensation

Most employers have to carry workers’ compensation insurance. This allows injured workers to pursue benefits by filing a claim with the insurance provider. It covers a portion of lost wages, medical bills and types of support a worker may need to return to work safely. This insurance covers work-related injuries and illness that develop as a result of toxic exposure in the workplace.

Workers’ comp offers benefits to employers as well. Upon filing, a worker can no longer choose to sue his or her employer for the accident. In most cases, filing this type of claim eliminate the possibility of seeking other types of recovery.

Personal injury

There are times when it may be appropriate for an injured worker to seek recovery through a personal injury claim. If his or her injuries are not compensable through an insurance claim, a civil claim could be a beneficial way forward. In some cases, a third-party injury claim is possible in addition to a workers’ compensation claim. This would be in cases where a third-party, such as the manufacturer of a malfunctioning tool, is partially responsible for injuries suffered in a work accident.

What should you do?

Every case is different, but it is essential you do not leave any money on the table. If you are dealing with injuries after a work accident, it is in your interests to speak with an experienced attorney regarding the legal options available to you. This simple step can help you understand the most appropriate way forward that allows you the best chance of securing the recovery and compensation you deserve.