If you or a loved one were injured in the workplace, you will likely wonder whether you should file a worker’s compensation or personal injury claim. Another question that clients here in Mississippi frequently ask is whether they can file both types of claim simultaneously. Because there is so much confusion swirling around these types of claims and how to proceed in a manner that best protects your rights and family, you must find experienced counsel to help guide you through the process and protect your interests. Barrett Law has the experience to help you if you have been injured. Contact us now at (800) 707-9577.
What is the Difference Between Workers’ Compensation and a Personal Injury Claim?
Workers’ Compensation
All Mississippi employers must pay into our state’s workers’ compensation program. It is a mandatory insurance program that compensates employees for injuries occurring in the workplace. This program compensates employees regardless of who is at fault; an employee will even be compensated for a workplace injury that was the employee’s fault. This is a significant benefit of the workers’ compensation program, as it allows for compensation even when fault or negligence (explained further below) cannot be demonstrated.
Personal Injury
A personal injury case does not necessarily result in automatic payments to an injured employee. Instead, an employer will only have to pay for injuries if the employer was somehow negligent towards the injured employee. In this context, negligence means that a party has a duty to care for another person, failed to meet that duty of care reasonably, and the hurt party has compensable injuries as a result of that failure. To prove negligence, your attorney will have to gather evidence showing that your employer failed to meet a reasonable standard to protect you; you do not have a claim just because you were injured at work.
Differences in Compensation Between Personal Injury and Workers’ Compensation
If a personal injury case is much more involved and more difficult to prove, why do people pursue them? In one word—damages. In a worker’s compensation case, you will receive a much smaller amount than you might if you prevail in a personal injury case. In a workers’ compensation case you will only receive compensation for your medical expenses, weekly compensation, permanent impairment benefits, and vocational rehabilitation. When you hear about people recovering tremendous settlements for their injuries, those settlements are usually based on compensation for pain and suffering. You cannot obtain damages for pain and suffering in a workers’ compensation case. If you take workers’ compensation, you cannot also sue your employer for pain and suffering and other injuries outside of the workers’ compensation program.
Is Possible to Bring Both a Workers’ Compensation Case and a Personal Injury Case?
While you cannot both file a workers’ compensation case and file a personal injury case against your employer, you may be able to file both if you are injured in the workplace. Imagine a situation where you are injured by a third-party subcontractor’s negligence while on a worksite. In that scenario, you could seek worker’s compensation from your employer—you were injured while at work—and seek further compensation from the third-party if your injuries are a result of their negligence. Filing both a worker’s compensation and a personal injury case is frequently called a “combination case” as is not uncommon here in Mississippi.
What Should You Do If You or a Loved One Has Been Injured?
If you or a family member were injured at work, you might have either a personal injury claim or a workers’ compensation claim, or both. Let experienced personal injury and worker’s compensation counsel guide you through the distinctions between these two types of legal actions. Having experienced counsel by your side can mean the difference between being adequately compensated for your pain and suffering and loss of employment and receiving nothing at all.
Call Barrett Law now, an experienced Mississippi personal injury law firm, to represent you if you have suffered an injury due in the workplace. Contact us now at (800) 707-9577.
