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Should I File a Workers’ Compensation or Personal Injury Claim?

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When an employee gets injured at work, an employer will provide them with a workers’ compensation claim form. Most of the time, the employee thinks that this is the only form of compensation they can get.

However, if you’ve been injured at work, you may also be eligible to file a personal injury claim. And sometimes, pursuing a personal injury claim may be the better option.

Here are some of the advantages and disadvantages for each type of claim:


Workers’ Compensation Claim

Workers’ compensation is the most common type of claim for work-related injuries. In California, all employers are required to carry workers’ compensation. If not, they may face criminal or civil penalties.

The benefit of filing a workers’ compensation claim is that you will receive compensation even if you’re unable to return to work for a certain period of time. This guaranteed payment is the reason why some employees will pursue a workers’ compensation claim.

One of the main disadvantages of pursuing a workers’ compensation claim is that in the event of a dispute, you’ll have to argue your case with the Workers’ Compensation Appeals Board. This can be a confusing and difficult time, especially without the help of an expert personal injury attorney to help you understand the process.

Another disadvantage of a workers’ compensation claim is that you may be settling for less compensation than you deserve. Employers and workers’ compensation insurance companies try to pay out as little as possible. Also, once you’ve filed for workers’ compensation, you give up your right to sue your employer. That means, if you filed a worker’s compensation claim before speaking with a personal injury attorney, you may have lost your chance to obtain the maximum damages for your injury.


Personal Injury Claim  

Injured workers can pursue a personal injury claim to get the compensation they deserve for their injuries. In some cases, this may be a better option.

One of the main differences between a workers’ compensation claim and a personal injury claim is that with a personal injury claim, there’s no guarantee of compensation. Although workers’ compensation guarantees payment, the amount may be significantly less than you deserve. With an experienced personal injury lawyer by your side, you have the best chances of getting the maximum compensation for your claim.

With a personal injury claim, you’re entailed to numerous forms of damages – including pain and suffering. But in contrast, a workers’ compensation claim will not allow you to receive any compensation for pain and suffering.

Additionally, workers’ compensation payment is usually paid in periodic payments while personal injury damages can be paid in one lump sum.


Contact a Los Angeles Attorney Today

If you’ve been injured at work, we strongly advise that you speak with a personal injury attorney first. A personal injury attorney can help you decide whether filing a personal injury claim is the better option for you. Contact Mesriani Law Group in Los Angeles, California today for your free legal consultation.

About the Author
Picture of Rodney Mesriani
Rodney Mesriani

Rodney Mesriani is the principal partner of the Los Angeles and Santa Monica based Mesriani Law Group. He specializes in personal injury and employment law while also being an accomplished litigator and trial attorney. Rodney is an aggressive negotiator and a well-known and respected attorney in the areas of practice he specializes in.

He earned his Bachelor of Science degree in Accounting from California State University Northridge before attending Southwestern School of Law where he received his Juris Doctorate. While being an accomplished personal injury and employment lawyer, Rodney Mesriani has made it a point to attend numerous State Sponsored MCLE events and seminars over the years as a law practitioner to be informed of the latest laws and litigation strategies.



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