Should you file a workers’ compensation claim or a personal injury claim?

There are benefits and drawbacks to both choices. Every accident is different and it’s up to the individual who was injured to decide what the best route is for them whether it’s workers’ compensation or a personal injury lawsuit.

In New York, workers’ compensation was set up so that any employee who was injured on the job could receive compensation and benefits to cover their expenses and losses. There is no employer negligence required for these claims. It doesn’t matter if the injuries were a result of an mistake on the part of the employee. Any employee injured in the workplace can apply to receive workers’ compensation for their medical expenses. An employee may also receive compensation for losses of wages and everyday expenses.

The downside of workers’ compensation claims is the benefit of personal injury claims. In personal injury lawsuits the injured employee can sue for a larger award. The downside of personal injury claims is that employees cannot sue their employers when they’re injured on the job, they have to file a workers’ compensation claim instead.

Not all personal injuries in the workplace are due to accidents, many are the result of negligence. If an employee can provide evidence showing that a third party was responsible for their injuries and that they were the result of negligence they may be entitled to large sums of money. If the injured party files a personal injury lawsuit, they may be entitled to compensation for their pain and suffering.

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