When you’re hurt while working, you may be able to seek workers’ compensation or a personal injury claim. Most people who are working for an employer seek out a workers’ compensation claim rather than a personal injury claim because the employer carries this insurance to protect themselves.
The real differences between these two kinds of claims come down to fault and the worker’s status. If a worker is employed a person or company with workers’ compensation, then workers’ compensation usually covers their medical care and related expenses to a point.
If the individual is not an employee but is instead a contractor, then the likelihood is that they will need to file a personal injury claim if they are injured.
Can you be eligible for workers’ compensation and a personal injury claim?
Yes, in some cases you could be eligible for both. For example, if you are an employee and drive a truck for work, a crash in that vehicle should be covered by workers’ compensation so long as you’re on the clock. You may have a personal injury claim against the at-fault party as well, even though you may also be able to seek workers’ compensation.
You may be able to file a personal injury claim and a workers’ compensation claim if you can prove that your employer is at fault for your injuries, too. Workers’ compensation claims don’t require you to prove fault, but personal injury claims do.
Not everyone is able to make both workers’ compensation and personal injury claims. If you were at fault for your injuries, for example, you may only be eligible for workers’ compensation.
You have a right to seek compensation for your injuries
When you’re hurt on the job, it is worth considering options that could get you the most compensation. Both workers’ compensation and personal injury claims are ways to get the compensation you need to cover medical costs, lost wages and more. If you’re not sure if you’re able to file one or both of these kinds of claims, it may be worth discussing your legal options with someone who is familiar with state law.