A traumatic brain injury can affect every aspect of your life, from your ability to work to how you think, feel, and connect with the people around you. If your injury happens while you are on the job, most people assume workers’ compensation is the only option for them. But the truth is, that is not always the case. Depending on what caused your injury, you might also have the right to file a personal injury claim.
Understanding the difference between these two legal options is crucial, especially if you want to make sure you get every dollar you deserve.
Workers’ Compensation: How it Works
Workers’ compensation is a no-fault insurance program. It covers employees who get hurt doing their job, and in both Kansas and Missouri, nearly all employers must carry it. If you suffer a TBI at work, maybe from slipping and falling, something hitting you, a vehicle accident, or faulty equipment, you could qualify for benefits like:
- Medical benefits
- Partial wage replacement while you recover
- Disability benefits if your injury affects your job long-term
A major advantage when it comes to workers’ comp is that you do not have to prove fault. But there is a catch. You cannot claim pain and suffering or your full lost earnings.
Personal Injury Claims: What is Different?
Personal injury claims are all about negligence. You need to show that someone else, besides your employer or coworkers, was careless or did something wrong that caused your injury.
For example, suppose you are on the clock and get hurt because:
- A reckless driver hits you while you are working
- A subcontractor creates dangerous conditions at your job site
- A property owner ignores a dangerous hazard
In such cases, you may be eligible to file a personal injury claim.
Personal injury claims allow you to pursue broader damages, including:
- Full lost wages and loss of future earning potential
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
And in TBI cases, these damages are especially important because the long-term impact can be severe and life-altering.
Can You File Both?
Sometimes, yes. If a third party caused your injury, you can file two claims. Picture this: You suffer a TBI in a work-related car crash because another driver ran a red light. You can file a workers’ comp claim for immediate help, then pursue a personal injury claim against the other driver. This approach can increase your total compensation.
Key Differences
First, workers’ comp is a “no-fault” system, whereby you only need to prove the injury was work-related. On the other hand, personal injury cases require proving that another party’s negligence caused your injuries.
Another important distinction is that workers’ compensation payouts are limited. With a personal injury claim, you can often get more money, especially for serious injuries like TBIs.
Why You Need Legal Help
TBI cases get complicated, both medically and legally. Insurance companies commonly downplay brain injuries, especially if the symptoms are not obvious at first. Picking the right legal path (or paths) can make a huge difference in your recovery. An experienced law firm can help determine if you have a valid third-party claim, collect evidence, and fight for compensation that reflects your real losses.
Contact Griggs Injury Law
If you have sustained a traumatic brain injury at work, do not assume workers’ compensation is your only option. Contact our experienced brain injury counsel at Griggs Injury Law for help exploring your legal options.
