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Worker’s compensation or personal injury?

Worker's compensation or personal injury?

You may be able to file for workers’ compensation or a personal injury claim if you are injured while working. It’s more common for people to file for a workers’ compensation claim versus a personal injury claim because the employer’s insurance typically protects them.

The difference between the two types of claim are narrowed to: fault and worker’s status. At the time of employment, if a person or company is hired with workers’ compensation, then workers’ compensation covers medical expenses and other related expenses. However, if a person is a contractor, versus an employee, then they will most likely need to file a personal injury claim. 

Can a person be eligible for both claims – worker’s compensation AND personal injury claim?
In certain cases, you can be eligible for both claims. Here’s an example:
If you drive a truck while on the clock for work and are involved in a traffic accident, you should be covered by workers’ compensation. Then, you may also file a personal injury claim against the party at fault during the accident, even if you have sought workers’ compensation.

There may be circumstances where you are able to file a workers’ compensation claim and personal injury claim against your employer if they are also responsible for your injuries. You will be required to prove fault for the personal injury claim, but a workers’ compensation claim does not require it.

It is not always possible to file both a workers’ compensation and a personal injury claim.

It is YOUR RIGHT to seek compensation for your injuries 

It is your right to consider the options you have when you get hurt while on the job. A workers’ compensation and/or personal injury claim can help you with expenses related to medical costs, lost wages, and other types of costs associated with the injury.

Contact one of our lawyers at iLaw to discuss your specific case and if you qualify for these types of claims.

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