After you’ve been injured at no fault of your own, you should receive compensation to help cover the damages caused by your injury. However, knowing whether to file a workers’ compensation claim or personal injury claim can be confusing based on the nature of your wounds. Filing Workers Comp or Personal Injury Claim?
Should I File a Workers Comp or Personal Injury Claim?
Workers’ comp is mainly for workplace injuries, while personal injuries can happen in any environment, even at home. To find out which route is correct for you, you can consult with an attorney specializing in workers’ comp and personal injury cases. Wattel & York is a personal injury lawyer phoenix can answer some of the more basic questions for you. :
What’s the Difference Between a Personal Injury and Workers’ Comp Claim?
A personal injury doesn’t have to be job-related, but can still be compensated for if you are not at fault for your wounds. Unlike workers’ compensation, personal injury victims receive a settlement that includes more than just bodily injury.
Most workers’ compensation claims mostly pertain to medical expenses you receive after being harmed, as well as any paid time off from work. Meanwhile, personal injuries may include pain and suffering, lost wages, property damage, and other damages in addition to medical bills.
Your personal injury could have been caused by product liability, an automobile accident, premises liability, dog bite attack, medical malpractice, and more. Personal injuries don’t have to be work-related incidents for you to receive a settlement.
What is Eligible as a Workers Comp Claim?
OSHA Workplace Safety Procedure CMP101
If you were injured at work and being paid on the clock, then it is likely that you can receive workers’ compensation. You don’t have to be at your job location while injured for it to be a workplace safety issue..
For example, you might be traveling for work instead. If you are a delivery driver and working during your shift, you can also be compensated for your injuries. If you weren’t breaking any rules and your injuries are work-related, you can be eligible for workers’ compensation.
Why Would I Need to File a Personal Injury Claim?
If you were injured at work, you should file a workers’ compensation claim. However, if your boss was grossly negligent and the workers’ compensation didn’t cover all of your damages, you can also consider filing a personal injury claim with the help of your attorney.
If you were injured not due to any fault of your own and you were not working, you can seek a settlement to cover all of your damages. You can find out from your personal injury attorney if you are owed compensation based on the factors around your case.
What to Do if You’re Still Confused About Your Situation?
Because every personal injury or workers’ comp case is unique, you should ask your attorney about how to move forward with your workplace safety claim. If you believe your injury was purely a work-related incident, you should make sure you report your accident to your employer.
In other cases, you will want to keep details of your personal injury between you and your attorney. If this is the case, your lawyer can investigate your claim and find out information about how you were harmed and who can be held responsible. Your attorney can seek a settlement on your behalf so that you receive fair compensation.
Filing Workers Comp or Personal Injury Claim
When you are injured through no fault of your own, you should be compensated to assist in paying the costs of your injuries. If you were hurt at work while being paid on the clock, you may be eligible for workers’ compensation. You may also consider filing a personal injury claim with the assistance of an attorney if your supervisor was excessively negligent and workers’ compensation did not cover all of your costs. Deciding between Filing Workers Comp or Personal Injury Claim can be answered easily be asking an attorney.