Workers’ Comp or Personal Injury? 64528c10b32ac.jpeg

Workers’ Comp or Personal Injury?

When you are injured on the job, you may have the option to choose between pursuing compensation through an insurance program like workers’ comp or taking legal action through a personal injury claim. This is largely dependent on the nature of your work, the extent of your injury, and the circumstances surrounding your accident.

Who is Eligible for Workers’ Compensation?

In the state of Florida, all employers with four or more employees must carry workers’ comp insurance. In New York, all businesses, regardless of the number of employees, must carry this insurance.

Workers’ comp is no-fault insurance. This means that even if your actions played a role in your accident, you will be entitled to seek compensation for medical expenses and a portion of your lost wages until you have recovered enough to return to work. Due to this, workers’ comp is a good fit for many workplace injuries.

You are not eligible for workers’ compensation if you are an independent contractor. This is particularly problematic in the construction industry where many workers are labeled “contract.” If you are a contract worker who has been injured on the job, you will not be able to seek no-fault compensation.

Which is Better?

Both workers’ comp and personal injury law are helpful for injured workers. Which option is right for your situation is related to factors specific to your case. It can be useful to discuss your case with an experienced personal injury lawyer who can review the details of your accident and provide straightforward answers about the best way to proceed. Neither option is suitable for every situation.

For a personal injury lawsuit to be viable, there must be a negligent party. This can complicate the claims process and may result in a delay of funds. Having a lawyer who understands both what you need right now and what you will need in the future can help you understand if pursuing this action is worth your while.

Contact Us for Help

Please call 518-792-1174 to schedule a complimentary consultation with one of the attorneys at McPhillips, Fitzgerald & Cullum. We maintain offices in New York and Florida.


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