Workers’ compensation provides victims of workplace accidents an avenue to recover damages without the question of liability.
However, you some situations warrant more extensive coverage to recover all your losses.
When can you file a personal injury claim?
When an accident occurs on the job with no third-party interference, you typically only have access to compensation through workers’ compensation insurance, which protects employers from liability claims. However, if there is third-party involvement, you could file for workers’ comp while also filing a personal injury claim.
Some instances where you could file both include:
- Getting into a car accident while driving as part of your job
- Suffering a dog attack while working as a delivery driver
- Sustaining an injury on a construction site because of a third-party contractor’s negligence
- Being the victim of an assault by a customer
The primary difference between a workers’ comp and personal injury claim is that you will need to prove negligence for the latter.
What are the differences in damages?
Damages from a workers’ comp claim generally cover necessary medical care and a portion of lost wages. However, a personal injury claim allows you to recover more, including non-economic damages. For example, if you suffered severe injuries, you could claim psychological damages, such as pain and suffering, mental anguish, emotional distress, anxiety, depression, and loss of enjoyment. You could also receive more for lost wages than you can under workers’ comp.
Filing a personal injury claim can be significantly more challenging and sometimes requires the help of an expert.