When you are injured on the job, it is easy to get confused whether you should file a personal injury claim or a workers’ compensation claim. There are several situations where filing a personal injury claim may not work in your favor, and going for workers’ compensation benefits will be the best option. However, you may be able to file both of these claims at the same time in certain circumstances.
In order to understand the difference between these two options and choose the best possible way to move ahead for your specific situation, you should get legal assistance from an experienced personal injury attorney.
Workers’ Compensation Claim
The most significant difference between the two claim options is proving fault. In a workers’ compensation case, you don’t need to prove that your co-workers or employer did something that caused the injury. Generally, when a worker is injured at work, they are entitled to receive workers’ compensation benefits. You will receive the benefits even if your negligence caused the injury.
If you opt for this option, you will not be entitled to receive compensation for pain and suffering. You will be covered for medical expenses, permanent impairment benefits, weekly compensation, and vocational rehabilitation. The value of these benefits is mostly based on a certain percentage of worker’s salary.
Personal Injury Claim
To recover damages through a personal injury claim, you must establish that the injury was caused due to the at-fault party’s negligence. Car accidents are a good example of personal injury claims. If you were in a car accident in which the other driver was drunk or distracted while driving, you can file a personal injury claim against their insurance policy to get compensation for the damages you sustained.
Recoverable damages include lost earnings, current and future medical expenses, lost earning capacity, pain and suffering, trauma, permanent impairment, and any other expenses that you incurred due to the injury.
When can you File Both Claims in a Single Case?
There are few instances where you are able to file both a workers’ compensation claim and a personal injury claim at the same time. While determining this possibility can be a bit tricky and complicate matters for all parties involved, here are a few situations where you can file for combined claims:
- Injuries caused by a co-worker’s intentional ill-actions
- Injuries caused by a defective product or equipment while performing job duties. You will be able to file a product liability lawsuit in addition to the workers’ compensation claim.
- Injuries caused by an employer’s intentional actions, such as sexual harassment and assault.
- Injuries caused by the negligence of a third party other than co-workers at the workplace.
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It can be difficult for an injured worker to determine whether they are entitled to receive compensation through workers’ compensation claim or personal injury claim or both. Under such circumstances, having a personal injury attorney by your side can be invaluable. Contact Mary Ann Covone, P.C., Attorney at Law at 708-246-4911 or online today to schedule a free consultation and discuss your personal injury case.