Should I Settle For Workers’ Compensation Or Pursue A Personal Injury Case?



Injuries can occur at any place. Similarly, workplace injuries have become a common occurrence in many work environments. One might think that a workplace injury might not be severe or profound. However, a workplace injury can become significantly powerful and increase the chances of death. It would be best to take precautions and avoid injuries in the workplace, especially if you are working in an industrial area. 


Apart from an injury, many employees do not know what they should do after a workplace injury. The primary concern among many workers is often related to settlement for workers’ compensation. Settling for a workers’ compensation or filing a personal injury lawsuit generally confuses several workers. 


In such cases, it would be best to contact a Virginia injured at work attorney for legal advice about the issue. 


Settling for workers’ compensation after a workplace injury:


The prime advantage of obtaining workers’ compensation is that the worker would not be required to prove fault. If a worker faces injury at a workplace due to management’s or superior’s negligence, they will be eligible for workers’ compensation. 


If a worker faces an injury and does not continue to work for some time, workers’ compensation will pay two-thirds of the worker’s wage or income loss. Workers should also know they cannot seek punitive damages or claim compensation for suffering when applying for workers’ compensation. 


To avoid complications while claiming workers’ compensation, it would be most helpful for a worker to contact a workers’ compensation attorney in Virginia. 


Filing for a personal injury lawsuit after facing workplace injuries: 


Now that you are aware of the scenario and idea of applying for workers’ compensation, it would be beneficial for you to be aware of a personal injury lawsuit. You should know that workers can sue their employer if they fail to carry insurance. 


Apart from insurance, workers can seek damages for pain, suffering, and punitive damages if they are injured at the workplace. If workers choose to file a personal injury lawsuit, they can seek compensation for all damages and injuries, whereas workers’ compensation only compensates for two-thirds of a worker’s loss. 


Workers will be guaranteed to receive the money for covering their expenses for a more extended period. Structured payment also takes care of long-term medical needs and protects workers from bad investments. As a result, one would not feel pressured to spend the money at once when opting for structured payouts. 


Generally, a worker will likely need an independent medical examination if the insurance company disagrees. The insurance company might question the decision of medical treatment by the doctor if the doctor recommends surgery, expensive medical procedures, or permanent disability. 


In some cases of compensation, the hearing officer or the judge might order an IME to resolve a dispute in the issue. Once ordered, the worker will be asked to undergo a medical evaluation by a doctor who will act neutral. An IME can signifi


The critical difference between a personal injury lawsuit and workers’ compensation is that a worker would be required to prove the employer’s fault to claim compensation for the injuries. As a result, both workers’ compensation and personal injury lawsuit have their own merits and demerits. It would be advisable to choose one of the options with the help of an attorney.