When someone is hurt on the job, they might not be certain if they can file for workers’ compensation and also pursue a separate personal injury claim. This confusion can stem from rules about who may be held responsible and what types of benefits each path provides. Understanding how these two options overlap – or don’t – can help you make the best choices about your situation. It may also prevent you from missing important filing deadlines or losing out on the benefits you deserve. The Los Angeles work injury attorneys at Grey Law are here to explain the overlaps and differences.
Understanding Each Type of Claim
When you’re injured, you might feel unsure about whether you have a personal injury claim or should seek workers’ compensation. Understanding how each type of claim works can help you decide which route to take.
What Is a Personal Injury Claim?
A personal injury claim usually arises when you’re hurt because of someone else’s negligence or deliberate act. It covers events like car crashes, slip-and-falls, and harm caused by defective products. To move forward with this kind of claim, you typically need to prove the other party was careless or intentionally caused you harm.
If you’re successful, you might receive payment for medical expenses, lost wages, and physical pain or emotional suffering. Responsibility often lies with a third party, such as a careless driver, a property owner, or a product manufacturer.
What Is a Workers’ Compensation Claim?
Workers’ compensation is a no-fault system meant to protect employees who are injured while doing their jobs. Unlike personal injury claims, you don’t have to prove anyone acted negligently for these benefits. Workers’ comp can help with medical costs, a portion of lost wages, and sometimes vocational rehab if you need to learn new skills. However, there can be limits on how much and how long you receive benefits. Employers are required by law to provide this insurance, ensuring employees have a safety net if they’re hurt on the job.
When Can Both Claims Be Filed?
When an employee is injured on the job because of someone other than their employer, they may be able to file both a workers’ compensation claim and a personal injury claim at the same time. This situation occurs when a third party’s negligence or misconduct is responsible for the injury, rather than the employer. Possible situations where you could file both claims include:
- Car accidents that happen while you’re driving as part of your job responsibilities
- Injuries linked to defective tools or machinery owned or maintained by a company unrelated to your employer
- Slipping on a wet floor at a client’s facility while making a delivery for your job
- Getting hurt in a parking lot owned by a third-party property management company
- Suffering chemical burns from a hazardous substance supplied by an outside vendor
There are countless scenarios in which you may be able to file both a personal injury claim and file for workers’ compensation benefits at the same time. To make sure you don’t miss out on your chance and end up leaving money on the table, contact us today to schedule a free consultation.
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Benefits of Pursuing a Personal Injury Claim and a Workers’ Comp Claim at The Same Time
When a workplace injury involves negligence by someone outside of your employer, you might have the option to file both workers’ compensation and a personal injury claim. Below are some benefits of pursuing both types of claims.
Maximizing Compensation
By having two claims, you may be able to receive more money than with workers’ comp alone. This can be especially helpful if your expenses go beyond medical bills and include long-term care or specialized therapy. If your case is successful, the extra compensation from the personal injury claim could help bridge any gaps.
Compensating for Different Damages
Workers’ compensation typically pays for medical bills and part of your lost wages. A personal injury lawsuit, however, allows you to seek payment for pain, suffering, and emotional distress. Combining these types of support can offer more thorough financial recovery.
Having a Safety Net
Workers’ compensation can provide immediate relief while you wait for the personal injury claim to go through. This means you still have some form of income and coverage for medical treatments. Having both claims reduces financial concerns, allowing you to focus on getting better.
By exploring both of these legal routes, you may secure coverage for all the ways your injury has affected your life. If you have any questions, contact us today to schedule a free consultation.