Should I File a Workers’ Compensation Claim or Personal Injury Claim?

Free Consultation

What is a Workers’ Compensation Claim?

A workers’ compensation claim is a type of accident insurance paid by the employer and includes medical, rehabilitation, and income benefits for any injured employee. The person is thus supported until that employee can recover from the injury and later return to work again. If the employee dies from the injuries on the job, the surviving family members will receive benefits as dependents of the employee.

workers’ compensation claim vs personal Injury claim

In Georgia, an employee can recover compensation for an injury suffered at work if the injury resulted from performing an action while in the course of the employee’s employment. Even if the worker’s actions contribute to the injury, employees are permitted to recover compensation for their injuries sustained while on the job. In addition, the employee does not have to wait for workers’ compensation benefits to “kick in,” these benefits are available for the employee as eligible to receive them on the first day on the job.

What is a Personal Injury Claim?

A personal injury claim is a claim that will review the case of who is at fault for an accident with an employee. In Georgia, a person looking to recover compensation for bodily injury under a personal liability claim will need to show that someone other than the injured party was at fault for the loss.

Workers’ Compensation vs. Personal Injury Claim

If an employee is looking to recover for injuries from an accident that happened on the job, it will be important to determine the fault of any third-party or the employee for the loss. There needs to be the element of fault for the loss in relation to another party other than the employee with a personal injury claim. For example, if an employee is injured on the job for something that is in the control of the employer – or the employer’s responsibility to maintain – then it may be better to file a personal injury claim.

Workers’ Compensation Claim

In the case of a workers’ compensation claim, there is no need to prove an element or factor of fault for an employee who is injured on the job. The law requires that all businesses with three or more workers working at the company have workers’ compensation available for those workers. This also includes all employees, whether they are working part-time or full-time hours.

All Workers Injured on the Job Must Report the Injury

Any time a worker is injured on the job, the worker should report the injury and the details of the loss to the employer right away. If the employee needs to seek medical assistance, the report should be made as soon as possible. The employee needs to tell the employer of any medical care providers seen regarding the injury and needs to explain what the medical treatment was and the nature of the injury for the claim. The employer will be responsible for paying for any hospital bills, doctor bills, medication and prescriptions, necessary travel expenses, or physical therapies associated with the injury sustained while on the job. The emphasis is that the injury needs to have occurred on the job. Any injuries to an employee that occur outside of work hours or when the employee is “off the time clock” will not be covered by workers’ compensation benefits.

Compensation in a Workers’ Compensation Case

A workers’ compensation case will be filed and alert the employer that the employee was injured. The type of claim for workers’ compensation can include:

  • Repetitive strain injuries (carpal tunnel)
  • Total disability (employee can never work again)
  • Injuries from exposures to harmful environments
  • Injuries for unsafe premises

Compensation in a Personal Liability Case

A personal injury claim is usually filed when a person is injured due to another person’s negligence or breach of a duty to keep people safe on the job. The compensation that could be available in a personal liability case might include:

  • Disability payments
  • Future medical expenses
  • Pain management
  • Pain and suffering
  • Future surgeries
  • Loss of consortium
  • Death benefits
  • Loss of financial support

Sample Cases for Workers’ Compensation

The following are samples of workers’ compensation cases:

  • The employee is hit by a falling object at a work site
  • The employee is wearing new shoes that are slippery on the bottom and slips and falls on the shop floor
  • The employee agrees to take new hours during a busy seasonal time and injures her back from overexertion or straining a back muscle

Sample Cases for Personal Liability

The following are samples of personal liability cases:

  • A defective product or piece of equipment injures an employee on the job. That employee is therefore injured due to the fault of someone else.
  • An employee works on a dangerous piece of equipment on the job. A coworker took off the safety attachment on the equipment to allow the machine to perform faster. The employee is seriously injured as a result of the safety protocols being ignored on the job.
  • An employee is injured when an employer takes back a coworker who has been drunk and under the influence of drugs on the job in the past. The employee with alcohol and drug issues starts a fight with another employee, and the result is that both employees suffer serious injuries.

If there is a lawsuit and the injured employee wins a compensation settlement, the employer may be reimbursed too out of that settlement money. This is because if a coworker is at fault for an employee’s injury at work, and the company paid workers’ compensation, the company will be able to offset or subrogate the money paid out in the injured employee’s workers’ compensation claim. These cases can be complicated, and you’ll want an experienced workers’ compensation attorney on your side.

 You can count on us, call the CEO Lawyer Personal Injury Law Firm if you have been injured at work and need to file a workers’ compensation claim. Our team of injury and accident attorneys is highly qualified to manage your workers’ compensation case from start to finish. We are here for you, and you can contact or call today for the peace of mind that you deserve when you have suffered an injury on the job and need to file a workers’ compensation claim.

Find Out What Your Case Is Worth Here

Tell Us More About Your Injury Below So That We Can Get You The Most Money

All Fields Required *

Step 1 of 7

How did you get hurt?

How did you get hurt?(Required)

Frequently Asked Questions

After a personal injury, you're bound to have legal questions. The CEO Lawyer Ali Awad can provide you with answers to these questions, just as he's given answers to his millions of curious social media followers. Take a look at some of the most common personal injury law questions for general information, and then reach out to one of our seasoned attorneys for specific guidance on your case!

Contact us now (833) 254-2923.

Help Negotiating with Insurance Carriers

To quickly resolve matters following an accident, insurance companies will offer you less than you deserve in compensation for your injuries. Many victims feel pressured to accept these offers as the bills begin to pile up, but that is rarely a good idea. The insurance company is looking to protect its bottom line; and will offer injured victims less than they deserve. An experienced personal injury attorney understands how to negotiate with the insurance company and can look out for your best interests by getting you the compensation you deserve after an injury. If you or a loved one has been injured in an accident, it is important to avoid negotiating or providing recorded statements to the insurance company without first seeking help from a qualified personal injury attorney.

Do You Have a Personal Injury Case?

The best way to determine if you have a personal injury case is to speak with a knowledgeable attorney. Our legal professionals have the expertise to evaluate your case and determine a strong legal strategy so that you can obtain the greatest amount of compensation possible under the law. We will enlist investigators, assistants, and other specialists to collect accident reports, speak with witnesses to your accident, and put together a plan. While you focus on your physical recovery, we will remain committed to fighting for the compensation that you deserve.

Georgia's Personal Injury & Accident Firm

Accident victims have a limited time to file a personal injury lawsuit. This time period is referred to as the statute of limitations, and in Atlanta, it lasts only two years. This means that if you or a loved one has been injured in an accident, you have only two years to pursue a personal injury suit. If you wait too long to reach out to an experienced attorney, you might be forever barred from seeking the compensation you deserve.

What to Expect From Your Initial Consultation With a Personal Injury Attorney?

During your initial consultation with CEO Lawyer team, we will go over the important details of your personal injury accident, which include the nature and extent of your injuries, how your injuries have impacted your ability to earn a paycheck, the cost of your medical treatment, and whether further medical treatment will be required. We will answer any questions you might have, as well, in regards to our experience, our track record of success, and what to expect from the legal process. Many personal injury victims wonder if they will be able to afford the legal fees required to pursue a lawsuit. CEO Lawyer injury and accident attorneys will not ask for any type of upfront fee unless we are successful in obtaining compensation for you. That means that if you have been harmed in a motor vehicle accident, slip and fall accident, defective product accident, or any other type of personal injury accident, you can absolutely afford to contact our law office today for assistance. In fact, you cannot afford to wait. Reach out today. We understand that some accident victims might have already obtained the assistance of an attorney but may be dissatisfied with the services provided. We are standing by and prepared to help you change legal representation, regardless of where you are in the process.

Speak to an Experienced Personal Injury Attorney Today

If you or a loved one has been injured in any type of personal injury accident, you should not hesitate to speak with the experienced attorneys at CEO Lawyer personal injury law firm. Call, email, or fill out our online contact form today so that we can begin helping you pursue the compensation you deserve.