Female factory worker wearing safety googles and helmet

Determining Whether to File a Personal Injury or Workers’ Compensation Claim.

If you have been injured at work and have medical bills to pay, a personal injury or workers’ compensation claim may be a good option for you.  Compensation for your injury is not only fair, it is often also necessary to ensure you fully recover and can get back to work and living your life.  This article explains what a personal injury claim is, what a workers’ compensation claim is, and provides some information on common work injuries where these claims are often raised.

What is a Personal Injury Claim?

When you are injured at work, workers’ compensation is often not the only option you have to secure compensation for your medical bills.  Personal injury lawsuits can be filed by anyone who is injured due to the negligence of another party, and for injured workers to recover damages through this route, injured workers must be able to show that a work-related party was negligent, which means the work-related party was at fault in causing the injury.  Damages that injured workers can receive through personal injury claims are compensatory, meaning they provide the injured party with money necessary to replace what the injured party has lost or damages the injured party has accrued as a result of the injury.   

What is a Workers’ Compensation Claim?

With workers’ compensation, unlike personal injury claims you do not need to prove that your employer or another work-related party caused your injury.  Even if the injury was your fault in some way, you are able to receive workers’ compensation benefits, because the workers’ compensation system exists to protect workers who are injured because they were on the job.  Workers’ compensation only provides injured workers with economic costs associated with the injury, such as medical expenses and compensation for lost wages.

What Are Common Work Injuries Where Personal Injury and Workers’ Compensation Claims are Relevant?

Common injuries which may be eligible for personal injury or workers’ compensation lawsuits include injuries resulting from defective products; toxic substances; if the injury resulted from the negligence of a third party which does not work for the company; or if the employer’s conduct was likely to cause serious harm to the employee.  Slip and fall incidents are one specific example: the worker was injured while slipping and falling on the premises of a company. Another example is when an employee is injured in a car accident while driving for work. In this situation, an injured worker could file a workers’ compensation claim as well as a personal injury lawsuit against the negligent driver.

What Should You Do if You Have a Personal Injury or Workers’ Compensation Claim?

If you have been injured on the job, it’s important you know what all of your options are.  Understanding workers’ compensation and personal injury claims, as well as which may apply in your particular situation, can be complicated.  However, it is important you know what all of your options are and that you be in the best position possible to recover enough compensation to allow you to fully heal.  The attorneys at J&Y Law are experienced in bringing a variety of personal injury and workers’ compensation claims. Contact J&Y Law today to learn more about your options.