Should I File a Personal Injury or Workers’ Compensation Case?

If you’ve been injured at work you may be wondering whether you have a personal injury case, or a workers’ compensation case. You may even be wondering, what’s the difference? The biggest difference between the two is that a personal injury claim is based on fault and a workers’ compensation case is not. In order to claim damages for a personal injury, someone must be at fault for being negligent.

Personal Injury Cases

A good example of a personal injury that may have occurred at work is a slip and fall case. In a slip and fall case, even though you were injured on someone else’s property, they may not be held responsible. Sometimes accidents happen and no one is at fault. In these scenarios, it’s hard to get compensation for your injuries. If you believe the owner of the business’s negligence led to your accident, then you have a personal injury case. If you are able to prove that, then you have a right to compensation.

Workers’ Compensation Cases

In a workers’ compensation case, no fault is needed to receive compensation. If you were injured on the job, even at your own fault, you are entitled to compensation benefits. If you become sick at work, you may also be entitled to workers’ compensation benefits.

Are You Eligible for Workers’ Compensation Benefits?

Those eligible for workers’ compensation must be an “employee,” not a contracted employee or independent contractor. If you were injured while at work, or became sick from something at work, your employer must legally provide you workers’ compensation benefits. All employers are required to have workers’ compensation insurance. If you are injured at work and your employer does not have workers’ compensation insurance, you may be able to file a workers’ compensation claim with the state or sue your employer.

 

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