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personal injury claims vs workers compensation

Blurred Lines: Personal Injury Claims Vs. Worker’s Compensation

by Martha Simmonds
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When you are injured on the job, there are a few different options available to you. You may be able to file a Worker’s Comp claim, or you may choose to file a personal injury lawsuit.

It can be difficult to decide which option is best for you, and it is important to understand the differences between these two types of claims.

What is Worker’s Compensation?

Worker’s compensation is a type of insurance that is provided by your employer. This insurance covers your medical expenses and lost wages if you are injured on the job. You do not have to prove that your employer was at fault for your injury in order to receive benefits.

What is a Personal Injury Lawsuit?

A personal injury lawsuit is a civil suit that you file against someone who has caused you harm. In order to win your case, you will need to prove that the other person was at fault for your injuries.

You may be able to recover damages for your medical expenses, lost wages, and pain and suffering.

Who Pays?

In a worker’s compensation claim, your employer’s insurance company will pay for your medical expenses and lost wages. If you file a personal injury lawsuit, the person who is at fault for your injuries will be responsible for paying damages.

How Long Do You Have to File?

You generally have two years from the date of your accident to file a personal injury lawsuit. However, the timeline for filing a worker’s compensation claim is much shorter. You usually only have 30 days to notify your employer of your injury and file a claim.

Proof of Fault

As mentioned above, you do not need to prove that your employer was at fault for your injuries in order to receive worker’s compensation benefits.

However, you will need to prove that the other person was at fault in order to win a personal injury lawsuit. This can be difficult to do, and it is important to speak with an experienced attorney before deciding whether or not to file a lawsuit.

Litigation

If you decide to file a personal injury lawsuit, your case will likely go to trial. This can be a long and expensive process. Worker’s compensation claims are typically handled through an administrative process, and they do not usually go to trial.

What if My Employer Doesn’t Have Insurance?

In some cases, your employer may not have insurance that covers worker’s compensation claims. If this is the case, you may still be able to file a personal injury lawsuit against your employer.

There are a few scenarios where both workers comp. and personal injury claims will intersect one another. For example, if your employer doesn’t have workers comp. insurance, you might be able to sue them and also receive benefits from the state.

What if I’m Part of a Union?

If you are part of a union, you may have to go through the grievance process before you can file a worker’s compensation claim or personal injury lawsuit.

What is the Bottom Line?

The bottom line is that there are many factors to consider when deciding whether or not to file a worker’s compensation claim or personal injury lawsuit. It is important to speak with an experienced attorney who can help you understand your rights and options.

Can I File a Claim While Receiving Worker’s Comp?

Yes, in some cases you may be able to file a personal injury lawsuit even if you are receiving worker’s compensation benefits. This is called a third-party claim, and it allows you to recover damages from the person who is responsible for your injuries.

Will Personal Injury Claims Effect My Worker’s Comp?

Generally, no, your personal injury claim will not affect your worker’s compensation benefits. However, you should always speak with an attorney before filing any type of claim.

What Types of Injuries Can I Claim?

In a worker’s compensation claim, you can generally recover benefits for any type of injury that you sustained on the job. In a personal injury lawsuit, you can recover damages for any type of injury that was caused by the other person’s negligence.

How Much Money Can I Recover?

The amount of money that you can recover in a worker’s compensation claim or personal injury lawsuit will depend on many factors, including the severity of your injuries and the number of damages that you have suffered. Speak with an attorney to get a better idea of how much your claim might be worth.

Workers Compensation vs Personal Injury Claims: Which is Right for Me?

The decision of whether to file a worker’s compensation claim or a personal injury lawsuit depends on many factors. It is important to speak with an experienced attorney who can help you understand your rights and options.

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