Workers’ compensation is often thought of as the recourse for a workplace injury. While this is sometimes true, it is important to remember that may also be entitled to other sources of recovery in certain situations—like a personal injury claim. In most cases, the compensation you can recover from a personal injury claim will far exceed the workers’ compensation benefits available for the same incident. An experienced Virginia personal injury lawyer can go over your circumstances and help you decide the best method to get the most benefits and/or compensation possible. To explore your options with one of our attorneys, call us today at (804) 358-1568 or contact us online.
Alternative Claims to Workers’ Compensation
Workers’ compensation is meant to protect workers injured on the job regardless of fault. A successful personal injury claim requires proving the fault or negligence of another party. Any reckless or intentional acts that caused your injury open up a possible claim. There may be situations where you may file a workers’ compensation claim to cover medical costs and lost wages. You might also file a personal injury claim against a third party depending on where and when your injury occurred. A third party, such as the owner of the workplace building, may bear responsibility for an incident, meaning that victims could recover compensation from the owner’s insurance. Situations where a personal injury claim may be a viable claim are:
- Injury result of a defective product
- The employer’s intentional conduct or reckless act
- Injury result of a toxic substance
- The employer does not carry workers’ compensation insurance
- Third party negligence
Workers’ compensation limits your recovery to only economic damages. Through a personal injury claim, however, you can often recover:
- Medical expenses
- Lost wages
- Mental anguish
- Pain and suffering
- Punitive damages, in some cases
Non-economic damages are only available through a personal injury claim, which means that mental anguish, pain and suffering, and punitive damages are not recoverable through a workers’ compensation claim. The damages available through a personal injury claim come closer to making an injured party “whole.” An experienced Virginia personal injury attorney can help you evaluate the circumstances of your situation and decide the best course of action. With multiple parties possibly involved and limitations to each type of claim, it’s important to understand your rights so you may recover the most damages available to you.
Contact a Virginia Personal Injury Attorney to Discuss Your Case
Workers’ compensation is meant to protect workers who are injured on the job, regardless of fault. In return for this guaranteed coverage, they are often barred from filing a personal injury claim—but not always.
If you or a family member has been injured in a workplace accident, you should speak to an attorney immediately. At Emroch & Kilduff, we specialize in helping injured workers obtain as much compensation as possible for workplace accidents. To schedule a free consultation, call us today at (804) 358-1568 or contact us online