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. However, filing a personal injury claim might actually be a more beneficial option for you.
It is common for employees to assume that workers' comp is the only option if they've been injured at work, but sometimes filing a personal injury claim is also a viable option. 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 are unable to return to work for a period of time due to your injury, you will still receive guarunteed payment during that time. 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 unwilling 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 allow you to fight 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 have to win your personal injury lawsuit before you receive any compensation at all. You won't get paid while you are unable to work, and you take the risk of not receiving any payment at all if you lose the case. 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 Brand Peters LLP today!
Workers' Comp & Personal Injury Lawyer in Walnut Creek, CA
Attorney Jonathan Brand is a straightforward and honest lawyer in central and northern California. Our attorney team shares 60 years of combined experience and can us their legal experience, accumulated knowledge, and resources to fight for the compensation you deserve. We also have 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 our offices today for a consultation.
Contact a Walnut Creek workers' comp and personal injury attorney from Brand Peters LLP today for experienced counsel and representation.
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