Workers' Comp vs. Personal Injury
Walnut Creek Workers' Comp & Personal Injury Attorney
Have you been injured on the job? If you answered "yes," you are likely considering a workers' compensation claim; but did you know you may also be able to file a personal injury claim, and that it might actually be the better choice for you? It is common for employees to assume that workers' comp is the only option if they've been injured at work, but there are times when personal injury claims are possible, as well, and there are pros and cons for both.
Workers' Compensation: Pros and Cons
The most common claim pursued after a work-related injury is workers' compensation. The plus side to filing for workers' comp is that, if you injury disables you from returning to work for a period of time, you are guaranteed payment during that period. The "safety net" that workers' comp provides is an encouragement to most employees, giving them a sense of confidence in their job. However, there are down sides to workers' comp, as well.
In many cases, employers and their insurance companies are reluctant to pay for injuries in full. As a result, they may attempt to minimize your payout by convincing or tricking you into accepting less than maximum compensation. Also, as soon as you file for workers' comp, you give up your right to sue your employer. This is why it is often in the workers' best interest to pursue personal injury before or instead of a workers' comp claim.
Personal Injury: Pros and Cons
An injured worker should always speak with a Walnut Creek workers' comp attorney before pursuing a workers' comp claim, just in case a personal injury case is the better option. Once a workers' comp claim is filed, the employee no longer has the right to sue their employer. Therefore, if their employer denies their claim or withholds adequate compensation for the worker's injuries, obtaining maximum payout becomes nearly impossible.
Personal injury claims can be beneficial in that you are able to fight aggressively for the payout you deserve. It also acts as a backup plan in case your workers' comp claim is denied; but again, after filing for workers' compensation, it can be very difficult to have a personal injury claim accepted. Also, personal injury claims offer no absolute promise of compensation. Workers' comp guarantees payment, even if it is less than adequate, whereas you must win your personal injury lawsuit before you receive any compensation at all. You will not have payment during the time you are unable to work, and there is a risk of no payment at all should you lose. However, with the representation and defense of a skilled workers' comp and personal injury lawyer on your side, you have the highest possible chance of winning the compensation you deserve, whether through workers' comp or a personal injury claim. Find out more by speaking with an attorney from the Law Offices of Jonathan Brand today!
Workers' Comp & Personal Injury Lawyer in Walnut Creek, CA
Attorney Jonathan Brand is a straightforward and honest lawyer in central and northern California. Having been in practice since 1989, he has over 20 years of legal experience and could use his accumulated knowledge and resources to fight for the compensation you deserve. He also has the detailed understanding of both workers' comp and personal injury laws in California to advise you as to which option is best for you. The amount of compensation you receive depends on whether or not you make the correct choice, so call his offices today for a consultation.
Contact a Walnut Creek workers' comp and personal injury attorney from the Law Offices of Jonathan Brand today for experienced counsel and representation.