Tawwater Law Firm, PLLC

Worker Injuries: Workers’ Comp or Personal Injury Claims

Jun 3, 2013 @ 12:00 PM — by Larry A. Tawwater
Tagged with: Workers Compensation Construction Accidents

Workers who have been injured while performing their assigned job duties have rights. The Oklahoma City personal injury attorneys of The Tawwater Law Firm can help injured employees understand these rights as well as their legal options, advising them of the course of action that will best enable them to collect the full measure of compensation to which they are entitled.

Among employees injured on the job in Oklahoma City, workers’ compensation claims are the most common source of financial compensation for losses and expenses related to workplace injuries. However, in some cases, it may also be possible to file a personal injury claim against a third party in addition to filing for workers’ compensation. In cases in which an employer was egregiously negligent, it may even be advisable to forego a workers’ compensation claim altogether and seek damages via a personal injury lawsuit. It all depends on the circumstances surrounding the accident in question.

For an evaluation of a job-related injury case, injured workers are encouraged to contact the personal injury lawyers of The Tawwater Law Firm in Oklahoma City today.

Workers’ Compensation versus Personal Injury Claims

Absent any fraud, any employee who is injured while in the commission of his or her assigned job duties and therefore rendered temporarily unable to work is entitled to workers’ compensation. If a legitimate workers’ compensation has been denied for any reason, the worker may require the assistance of a lawyer to ensure that the worker receives the compensation to which he or she is entitled.

It should be noted that the types of damages that employees can obtain via a workers’ compensation claim are limited. Workers cannot, for example, receive damages for pain and suffering or mental anguish.

By filing a personal injury claim, however, injured workers may be able to obtain a wider range of damages, but they must be able to present evidence of negligence on the part of the defendant. In instances of workplace injuries, personal injury lawsuits are most often filed against third parties rather than employers. If a personal injury claim is filed against an employer, the injured worker must be prepared to show that the employer caused the injury through some act of negligence. By taking such an action, the injured employee forfeits the right to file a workers’ compensation claim.

At The Tawwater Law Firm in Oklahoma City, construction accidents are the most common source of workers’ compensation and personal injury claims. The personal injury attorneys of The Tawwater Law Firm are experts in evaluating accidents and determining the best course of action for clients. They have the resources and skills to investigate and reconstruct accidents and present the strongest possible cases on behalf of clients.

Contact an Oklahoma City Personal Injury Law Firm

To arrange an evaluation of a construction accident or other workplace accident case, please call, email, or visit a Oklahoma City personal injury law firm today. The attorneys of The Tawwater Law Firm would be pleased to advise injured employees of their legal rights and options and help them obtain the full measure of damages to which they are entitled.