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Since 1959, The Floyd Law Firm has brought thousands of personal injury and workers’ compensation claims to a successful resolution in St. Louis and the surrounding areas. It is just one of the many benefits of hiring our attorneys, but why is their dual experience so important?
An on-the job-injury can leave you unable to work temporarily or permanently. It can leave you with disabilities that affect your entire life. The consequences can have an impact on your family’s future. In a nutshell, you have a lot riding on the outcome of your case. It is a reason many people want to know if they can sue their employer. The better question is, “How do I maximize my recovery?”
In some situations, such as those involving a car accident or unsafe machinery, you may have two claims: one under workers’ compensation insurance and one under personal injury law. We recently obtained a $5 million verdict for a FedEx employee injured at a warehouse owned by a third party. Alone, his workers’ compensation claim would have been worth approximately $70,000.
Knowing the difference between a workers’ compensation and a personal injury claim can help you understand how we can maximize your overall recovery.
- Workers’ compensation claims: The general rule is that you can recover compensation for any injury or illness you suffer at work or while completing a task for your employer. You do not have to prove fault and could even have been responsible for your own injuries. For this reason, your employer is protected from personal injury liability and the amount of compensation and types of benefits you can recover are limited by the laws of the state in which you file.
- Personal injury claims: A personal injury claim (also known as a third-party liability claim) is a civil lawsuit for damages. You must prove that a third party was at fault, which is one reason your request for damages is not limited to medical or lost wage benefits. It can also include compensation for pain and suffering as well as punitive damages for situations involving gross negligence or intentional acts.
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The types of damages you can recover and whether you must prove fault are not the only differences between the two claims. Things like filing deadlines and notice requirements also vary significantly from one claim to another and depend on whether your accident occurred in Missouri or Illinois.
We can help you navigate this complex situation, but waiting could harm your case. The sooner you contact us, the better. Call 314-863-4114 or send us your information for a free consultation with a lawyer.