Comp Claim Denied? You May Have a Personal Injury Case.

I've blogged about the differences between workers' compensation cases and  personal injury cases.  In general, you can recover more money for your injuries in personal injury cases than workers' compensation cases.  But if you have a workers' compensation claim, you usually can't also make a personal injury case.  If your employer denies your workers' compensation claim, however, you may then be able to file a personal injury case. You can only do this if you were injured due to your employer's negligence.

Let me use as an example of a case I have pending right now. My client injured his back when he stepped off a cracked and eroded curb at work. Due to its state, the curb created an unreasonably dangerous condition; a classic premises liability scenario.  His employer denied the claim saying that the injury did not occur while he was performing a work-related task (which is an unreasonable assertion to begin with). We are therefore going to file a personal injury premises liability suit against the employer.  Because of his employer's unreasonableness, my client will be able to file a personal injury case and hopefully recover much more for his injuries.

If your workers' compensation claim has been denied, you may be able to file a personal injury suit against your employer.  Please contact me to find out if you have such a right.  As a Kansas City workers' compensation and personal injury lawyer, I will be able to advise you of your rights.