Should I file a Workers’ Compensation claim or a Personal Injury claim?
The purpose of both workers’ compensation and personal injury claims is to provide compensation to injured individuals and although there are differences between the two, there are also areas of overlap. Workers’ compensation can provide monetary awards to those injured while on the job but there are some instances when injured workers may be able to also bring a personal injury claim. These include:
- Injuries involving a defective product in which a claim may be brought against the product’s manufacturer
- Injuries involving a toxic substance in which a toxic tort claim may be brought against the manufacturer of the toxic substance
- Injuries occurring as a result of an employer’s intentional or egregious conduct
- Injuries occurring in a workplace in which the employer is not required to carry workers’ compensation insurance or is required but has failed to do so
- Injuries caused by the negligence of a third party, someone other than an employer or a co-worker.
Personal injury claims may be brought by any injured person regardless of where the injury occurred. The key is not where the injury occurred but whether or not it was due to the negligence of another person, product or substance or if it was intentional.
Although workers’ compensation provides monetary and other benefits to an injured worker, the awards can be quite low compared to those allowed in a personal injury claim. And, workers’ compensation does not provide for compensation for pain and suffering.
Since it doesn’t cost you anything, you should contact a Personal Injury Attorney to review your case to see if you may have both a workers’ compensation claim and personal injury claim arising out of the same incident.
And, as always, I would be happy to assist you with this!