Should I File a Workers’ Comp or Personal Injury Claim?
In the event of on-the-job accidents and injuries, you may be entitled to additional types of compensation through a personal injury claim than is otherwise available through workers’ compensation.
Personal injuries can happen anywhere, including on the job. Even in what would be considered otherwise ‘safe’ occupations, work-related accidents can leave you suffering serious and potentially chronic health conditions, which impact your ability to perform your job while requiring ongoing medical care and attention. While workers’ compensation benefits may cover some of these costs, they fail to factor in the pain and suffering you and your loved ones endure as the result or the potential for these injuries to impact you for years into the future. Depending on the circumstances surrounding your case, you may be better served by filing a personal injury claim, which can help compensate you for additional costs and expenses.
Workers’ Compensation Benefits Versus Damages in a Personal Injury Claim
Through the Tennessee Department of Labor and Workforce Development, workers’ compensation benefits are available to employees who suffer on-the-job accidents and occupational illnesses. Provided through your employer, these benefits pay for the medical expenses you incur and a portion of the lost wages you suffer. You can obtain these benefits by filing a claim through your employer and by submitting the appropriate documents.
It is not uncommon for a workers’ compensation case to be disputed. Unfortunately, your employer or their insurers may attempt to downplay or otherwise deny your claim, either by disputing how the accident occurred, the severity of your injuries, or whether the proper procedures were followed in the aftermath. Even if your claim is approved, it may not provide the total amount you need to recover.
In a personal injury claim, damages available may be significantly more than what you would otherwise receive through the workers’ compensation program. Along with compensation for your medical care and lost wages, additional amounts you may be entitled to under the Tennessee Code (Section 29-39-102) include:
- Compensation for the pain, suffering, and mental anguish caused by your accident or your injuries;
- Compensation for loss of enjoyment or quality of life, due to not being able to work, to enjoy hobbies and activities with family or friends, or even to engage in simple daily tasks;
- Compensation for family members for the losses they suffer as a result of your injuries, such as loss of service and companionship.
- Punitive damages, which are an additional amount you may be entitled to if your injuries or illnesses were due to the particularly reckless, willful, and negligent actions of others.
Our Nashville Personal Injury Attorneys are Here to Help You
You may be entitled to hold employers, equipment or material suppliers, and other third parties directly responsible for work-related accidents through a personal injury claim. To discuss the details surrounding your case with our experienced Nashville personal injury attorneys, reach out and contact Bednarz Law to request a one-on-one consultation in our office today.