Is it workers’ compensation or a personal injury claim?

On Behalf of | Dec 16, 2021 | Blog, Personal Injury

An injury may force you to make changes in your lifestyle. Even if you recover, the time spent out of work may stress your bank account and personal relationships. Recouping lost wages medical payments may help, but should you file a workers’ compensation claim or something else?

The question about how to proceed may come down to the assessment of fault. Discover some of the differences in personal injury and workers’ comp before deciding which path you should take.

Fault assessment

When another person’s recklessness causes your injury, you may file a personal injury claim. However, in workers’ compensation claims, a finding of fault is not necessary. As long as the incident occurred during the ordinary course of your work duties, fault is not a factor. Under most circumstances, you may not sue the employer or coworker you believe caused the injury in a workers’ comp case.

Damages available

In a personal injury case, you may have the right to recover damages. The same holds for workers’ compensation claims. However, you may not recoup money for pain and suffering at the end of a workers’ compensation case. Only in personal injury can an injured party recover money for physical and emotional suffering.

Qualify for both

Some incidents may qualify under both workers’ comp and personal injury. Should you get in a car crash while on the clock, you may get both workers’ comp and file a lawsuit for personal injury against the at-fault driver.

Caring for yourself and your family after an injury should remain at the top of your priority list. Figuring out which way to proceed in filing a claim is the first step in the process.


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