When Should You File a Workers’ Compensation Claim and When Can You File a Personal Injury Lawsuit?

When Should You File a Workers’ Compensation Claim and When Can You File a Personal Injury Lawsuit?

If you get hurt on the job, the thought of missing work in order to recover will probably cause significant stress. Even those who do not live from paycheck to paycheck can struggle financially if they are forced to miss several weeks of work.

Fortunately, employees in the state of Mississippi can have peace of mind knowing they may be eligible for workers’ compensation benefits. Mississippi employers must purchase such coverage if they have at least five regular employees.

Workers’ compensation insurance is designed to protect both policyholders and their employees in the event of a serious accident. Policyholders are shielded from personal injury lawsuits, and employees receive access to financial benefits while they recover.

By accepting benefits following a work injury, employees waive their right to sue their employer. In some scenarios, though, filing a personal injury lawsuit instead of a workers’ comp claim may be the more strategic approach for recovering compensation.

If you sustained injuries while performing work-related duties and you’re not sure whether to file a workers’ comp claim or a lawsuit, contact Ballard Law, PLLC. William E. Ballard will evaluate your case to determine if you have grounds for a suit. Call 769-572-5111 to schedule a free consultation with an injury attorney in Madison.

When Should You File a Workers’ Compensation Claim?

In most cases, an employee who is hurt on the job will end up filing a workers’ compensation claim. Such coverage was designed to eliminate the need for litigation, and fault is typically irrelevant when it comes to securing benefits.

In general, an employee merely needs to prove the injuries occurred when performing some work-related task. If the claimant can prove as much, benefits may include two-thirds of his or her weekly wages, medical care, compensation for any permanent injuries, and reimbursement for vocational retraining.

When Can You File a Personal Injury Lawsuit Following a Work Accident?

In some cases, injured individuals may be able to file a lawsuit following an accident at work. An employee can bring a personal injury claim if the injuries were the result of:

  • Using a defective product;
  • Working with a toxic substance;
  • The employer’s willful negligence or intentionally egregious conduct;
  • A third party’s negligence; or
  • A fellow employee’s malicious behavior.

Filing a successful personal injury lawsuit is a lot more complicated than filing a workers’ compensation claim because you must prove fault in order to recover compensation; however, such lawsuits can result in much larger settlements.

If you were hurt at work and you want to determine the most strategic way to proceed, turn to Ballard Law, PLLC. Mr. Ballard will help you avoid making mistakes during either claims process such as overlooking certain damages or providing insurance adjusters with a recorded statement prior to knowing the full extent of your injuries.

Call 769-572-5111 to schedule a free case evaluation with an injury lawyer in Madison. You can learn more about workers’ compensation claims in Mississippi by visiting USAttorneys.com.