When you are injured in an accident, you have several options in front of you. You can pursue a personal injury claim, but you also can pursue workers' compensation or social security. However, can you pursue them all, or are you limited in what you seek?
We have asked attorney Alaina Sullivan about what you should do. Here is what she had to say:
Workers' Compensation and Personal Injury
If an employee is injured on the job during the normal course of employment, he or she has a choice: filing for workers' compensation or pursuing a personal injury claim.
Workers' compensation claims are a form of insurance that provides wage replacement and medical benefits when an employee is injured during the course of employment. Workers' compensation is filed in exchange for the employee’s mandatory waiver of his or her right to sue the employer for the tort of negligence.
The benefit to filing workers' compensation is that fault does not need to be proven. It is part of the workers' compensation insurance employees pay into for employee benefits. On the other hand, when it comes to a personal injury claim, fault does have to be proven.
The employee needs to show that the employer was negligent and their negligence was the cause for their injuries. That usually involves evidentiary proof and a trial, and there is no guarantee that you will even win your case and receive damages.
You also face the risk of the employer appealing the award and having to go through years of the legal process to secure your award and win your appeal.
If you choose to go the route of personal injury and are not successful, you will not be able to later pursue a workers' compensation claim. Therefore, it is a tough decision but one that an attorney should be able to help you make.
Social Security and Personal Injury
On the other hand, unlike workers' compensation, if you choose to file for personal injury, you can still pursue social security disability. Social Security Disability Insurance, or SSDI, is a Social Security program that pays monthly benefits to an individual who becomes disabled before the official retirement age and is no longer able to work.
SSDI pays you benefits, as well as specific family members, if you are “insured,” meaning you qualify for Social Security benefits. You can file a personal injury claim and file for social security and neither filing will affect the other.
You can also file for personal injury now and decide at a later date to pursue a social security disability claim. Unlike personal injury, SSDI will not be held back by time limitations.
Contact an Attorney Today
If you have been injured in an accident and are debating the odds of filing personal injury, workers' compensation or social security, it is recommended you first contact an attorney to discuss your case.
He or she will be able to evaluate your case and determine if you have a claim against the other party’s insurance company. To receive the compensation for your medical bills, property damages, and pain and suffering, you should speak with a personal injury attorney in your area today.
