Workers’ Compensation or Personal Injury?

Injury and Accident Attorneys Serving St. Louis, Nearby Missouri, Fairview Heights, and Nearby Illinois

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Workers’ compensation is an insurance held by most employers in Missouri and Illinois. It does not seek to establish fault for an accident. It simply provides compensation for lost wages and medical expenses while an employee recovers from an on-the-job injury. This means that you can collect workers’ comp even if your actions caused an accident.

Personal injury claims rely on the establishment of liability. If you are injured on the job and it is the fault of a third-party or due to gross negligence on the part of your employer, you may be eligible to file this type of claim and seek compensation for, among other things, personal pain and suffering.

While personal injury and workers’ compensation claims can both be filed following an on-the-job injury, they are very different in both scope and intention. The best way to determine which one might be right in your case is through a one-on-one consultation at one of our St. Louis area offices.

Workers’ Compensation Benefits

Workers’ compensation benefits may include:

  • 2/3 of your weekly wages
  • Coverage for medical expenses
  • Coverage for rehabilitation and therapeutic expenses
  • Coverage for travel expenses to and from medical appointments

If your injury will result in disability, workers’ compensation may provide a lump sum payment based on its severity. If a disability will prevent you from returning to work, workers’ comp may entitle you to 2/3 of your weekly pay for life.

You typically have 30 days to notify your employer of an injury sustained while working. Your employer will provide you with a list of approved doctors who will assess the severity of your injury and make a diagnosis. Following diagnosis, you can file a claim to seek basic workers’ comp benefits until you have reached maximum medical improvement and can return to work.

Personal Injury Benefits

Personal injury claims may seek damages for:

  • Medical, rehabilitation, and therapy expenses
  • Current and projected lost wages
  • Physical pain
  • Emotional suffering

Personal injury claims can result in a much larger settlement, but require a clearly liable party and may necessitate a lengthy trial. It is typically not recommended that you seek this type of compensation for minor injuries or for those that may have resulted from your own actions.

Because these types of claims are vastly different, it is good to work with an attorney who handles both workers’ compensation and personal injury when trying to determine which is right for your situation. The lawyers at Brown & Brown have significant experience in both areas of injury law. We will review your case free of charge to help you determine which option might be best for your specific needs.

Contact us to Learn More

If you live in the Greater St. Louis area and have been injured on the job, please call Brown and Brown at 314-333-3333 or 618-888-8888 to schedule your complimentary case review today. We maintain offices in Fairview Heights and St. Louis and are available to help injured workers throughout the region choose the most effective course of action for fair and full compensation.