Is Workers' Comp Right For You?

Posted on: 18 January 2016

If you were injured at work, then you have a couple of options ahead of you. In some cases, workers' comp is better, and in some cases, a personal injury lawsuit is better. To help you figure out exactly what you should do, here is a rough framework of the road ahead and some details that you should know before proceeding:

Report and Treat the Injury

The absolute first thing that you need to do is get medical attention for your injury. You might think that you can accurately diagnose the nature and severity of your injury, but that isn't always the case. Many employers have on-site medical staff ready to provide care, but many others do not. Your employer should be able to direct you to a location where you can get immediate medical attention.

Once there, make sure that the health care provider knows that your injury is work-related. They will note it in their report, which will act as evidence for your claim down the road.

Consider Whether You Want to Use Workers' Comp or a Lawsuit

 At this point, you might want to begin thinking about which option makes the most sense for you. In most cases, workers' comp will be a better choice, for a variety of reasons.

  • Workers' comp is much more reliable, in that the average workers' comp claim will succeed more often than the average personal injury lawsuit.
  • Workers' comp claims require much more effort in your part, since you will essentially only need to report the injury and fill out some forms. A lawsuit can potentially involve paying a lawyer and multiple court appearances.
  • Workers' comp claims will be a lot easier on your relationship with your employer. Since they don't actually pay the money in the event of a successful claim, they won't be too unhappy with you. On the other hand, a successful lawsuit will often involve taking money directly from the company, which can sour your relationship down the road.

The biggest reason to go down the lawsuit path is that the compensation can be much bigger. For this reason, you only really want to think about a lawsuit if you were severely injured or if you can prove that your injury was due to gross negligence on the part of your company. In order to figure out whether either of these apply to you, you should consider consulting an attorney that specializes in such cases. To learn more, visit a website like