Should I File a Personal Injury Claim or a Workers’ Compensation Claim?

Personal injury claims and workers’ compensation claims attorneys with offices in East Brunswick and Trenton NJ

Should I File a Personal Injury Claim or a Workers' Compensation Claim?At Kamensky Cohen & Riechelson, we have successfully helped many clients to pursue both personal injury claims as well as workers’ compensation claims in Trenton, Princeton, Hamilton, and the greater Mercer County area.

It is important for our clients to understand both the similarities and differences between personal injury claims and workers’ compensation claims, as they are pursued in very different manners, and have very different compensation structures. Let’s take a closer look.

What Qualifies as a Mercer County Personal Injury Claim?

The biggest difference between personal injury claims and workers’ compensation claims is what circumstances qualify for either claim. That is to say, in any personal injury case like a car accident, construction accident, a slip and fall, or a truck accident for examples, the plaintiff (you) and their Mercer County personal injury attorney need to prove that another party’s reckless or negligent actions were responsible for your injuries. Just because you were injured in a car accident doesn’t necessarily mean you have a personal injury case, you need to prove that the other driver(s) hold the majority of fault for your accident.

What Qualifies as a Mercer County Workers’ Compensation Claim?

On the other hand, in order to file and receive compensation in a workers’ compensation claim, you do not need to prove fault of any kind. In fact, even if your actions directly lead to your injuries, as long as you were performing work-related duties, you and your Trenton workers’ compensation lawyer can file for a Mercer County workers’ compensation claim.

The Difference in Compensation for Personal Injury and Workers’ Compensation Claims

Besides the requirements for proving fault (or in the case of workers’ compensation not needing to prove any fault), workers’ compensation awards and personal injury awards have one major difference. In both cases, you can receive monetary compensation for any medical expenses associated with your injuries, as well as lost wages or future income. The major difference in terms of compensation for a workers’ comp case and a personal injury case is compensation for pain and suffering. Pain and suffering generally make up the largest portion of personal injury recovery, but cannot be recovered in the case of a workers’ compensation claim.

The other major difference is the time and effort involved with both. Personal injury claims can often take more than a year to negotiate and eventually resolve, while with the help of an experienced Trenton workers’ compensation attorney, you can usually resolve your workers’ compensation case in a matter of months.

Should I file for Personal Injury or Workers Compensation? Mercer County Attorney Discusses

There is no easy answer to this question. Each case is unique, with many different factors to consider. Can you prove fault? Can you afford to wait the time it will take to resolve a personal injury claim, or is the time worth the potential recovery of pain and suffering damages?

There are many different factors to consider, and your best option is to speak with an experienced Mercer County injury attorney who can discuss your options, likely outcomes, and advise you which course of action may be favorable in your case.

Contact a Princeton Personal Injury and Workers’ Compensation Attorney Today

Whether you ultimately decide to pursue a personal injury or workers’ compensation claim, it is extremely important that you retain experienced legal counsel in order to help you navigate the process, protect your rights, and help you secure the best possible resolution for your case.

The Trenton Law Office of Kamensky Cohen & Riechelson has been defending personal injury and workers’ compensation clients since 1972. We have a proven track record of success when it comes to giving honest and professional legal advice, and securing the compensation that our clients need and deserve.

To speak with one of our attorneys today in a free and confidential consultation regarding either a personal injury claim or a workers’ compensation claim, please contact us online or through our Trenton office at 609.528.2596.