Personal Injury Claim vs. Workers’ Comp Claim in Tampa

In Tampa, direct employees are not allowed to sue their employers for injuries. In other words, personal injury lawsuits are usually out of the question for workplace accidents. However, it may still help to gain an understanding of how these two processes differ. What’s the difference between a personal injury lawsuit and a workers’ comp claim in Tampa? Is it possible to choose between these two options?

A Personal Injury Claim Can Provide More Money 

Compared to a workers’ compensation claim, a personal injury lawsuit has the potential to provide more financial support. This is because a personal injury claim provides 100% of lost earnings and additional compensation for non-economic damages. On the other hand, a workers’ compensation claim only provides two-thirds of lost income. It also fails to cover any non-economic damages (things like emotional distress and PTSD).

You Don’t Have to Prove Anything When Filing a Workers’ Comp Claim 

You should know that the workers’ comp system follows a “no-fault” insurance approach. In other words, you don’t really have to prove anything when pursuing compensation for a workplace accident. The only thing you need to do is show that you have suffered a legitimate injury, and you can do this by saving your medical records. In contrast, a personal injury claim generally requires you to prove negligence. That said, Florida follows a no-fault auto accident system that also doesn’t require you to prove negligence.

When Do I Get to Choose Between a Workers’ Comp Claim or a Personal Injury Claim? 

You might be able to choose between a workers’ comp claim and a personal injury claim under various circumstances. Perhaps the most obvious is a claim related to an auto accident. If you were driving for work and you suffered a crash, you may be able to file a personal injury lawsuit against the at-fault driver instead of a workers’ comp claim. This could theoretically provide more compensation. For example, you might have been working as a trucker or riding in a moving van.

You can also sue if you were injured by a negligent third party while at work. This might have been a contractor working for a different company at your workplace. For example, you might have been injured after an electrician dropped an object on your head from above. As long as you were working for a different company, you may be able to sue the other contractor.

Can a Tampa Workers’ Comp Lawyer Help Me? 

A Tampa workers’ comp lawyer might be able to help if you’re searching for answers. In certain situations, you might be able to choose between filing a workers’ compensation claim or a personal injury lawsuit. In some cases, you may be able to file both. However, each situation is slightly different – and it makes sense to discuss your options with a lawyer. Continue this conversation with The Franco Law Firm today.

Source:

 myfloridacfo.com/division/wc