Should I file a personal injury claim or a workers’ compensation claim?
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Should I file a personal injury claim or a workers’ compensation claim?

On Behalf of | Mar 28, 2022 | Workers' Compensation |

Suffering serious injuries while working creates a confusing situation for the injured employee. Knowing the difference between a workers’ compensation claim and a personal injury claim can determine if you receive the compensation you deserve. When about three of every 100 workers file a workers’ compensation claim, it is important to know what kind of claim you have after your accident.

The difference between types of claims

Personal injury claims require fault from a reckless or negligent party in an accident to file a claim. Common examples of these injuries include car accidents, slip-and-fall claims, and negligent security injuries.

Workers’ compensation cases do not require any form of fault to file a claim and function in a similar manner to an insurance claim. Even if your injuries were your own fault, you would likely be able to file a workers’ compensation claim.

While these two types of claims are different, it does not mean that you are always able to file both claims for a single injury. In most cases, filing a personal injury claim against your employer will invalidate you from being able to file a workers’ compensation claim.

Can I ever file both claims at once?

Some workplace injuries allow an injured worker to file both types of compensation claims. If a third party were liable for your workplace injury, such as a subcontractor, you would be able to file your workers’ compensation claim as normal while also filing a personal injury claim against the liable third party.

It can be hard to tell what type of claim you have on your hands or if you have one at all. Instead of leaving things to chance, consult with a personal injury attorney. A skilled lawyer can help you determine what kind of claim or claims you can file to help you secure the best possible outcome in your workplace injury.

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