Personal Injury Claim vs. Workers’ Compensation

a person with a cast filling out a work injury compensation formIn the wake of a work injury, most people think their only option to recover compensation is through a workers’ compensation claim. While this is the main way to recover funds for medical bills, lost wages, and more after a work injury, it’s not the only way.

Learn the differences between a workers’ compensation claim and a personal injury claim, and the situations where you may be eligible to file both.

Should You File a Workers’ Compensation Claim or a Personal Injury Claim After a Work Injury?

Most of the time, injured workers only have one legal option after a work injury: a workers’ compensation claim. This is known as the “exclusive remedy” rule for workers’ compensation because it is often the only way injured workers can recover compensation.

There are, however, certain situations where an injured worker may also file a personal injury claim. Such situations often involve legal action against a party other than the employer, including the following:

  • A worker was injured while using a defective piece of equipment.
  • A worker was injured by a third-party present on the job site.
  • A worker was injured by a negligent driver in a work zone.

There are several key differences between a workers’ compensation claim and a personal injury claim. First and foremost, an injured worker does not need to prove fault in a workers’ compensation claim in order to recover compensation. On the flip side, a workers’ compensation claim may deliver significantly less compensation than a personal injury claim.

It’s in your best interest to contact an experienced personal injury attorney who can walk you through your legal options and decide on the best course of action for your unique situation. At DiPasquale Moore, we have helped countless clients across Kansas and Missouri recover compensation after a work injury. We’re here to help you, too.

Call DiPasquale Moore at (888) 743-1030 to schedule a free consultation.

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