Sometimes clients ask us whether it’s possible to file both a workers’ comp claim and a personal injury case. This is a great question, and we are going to talk about it in today’s blog post.

Typically, workers’ comp provides a simple and effective coverage for “normal” work injuries. If, however, your injury was caused by a third party while at work, you could be eligible for both workers’ comp and a personal injury settlement. Examples of scenarios where this could be a viable option are:

  1. You were driving a work vehicle and were involved in a car accident in which the other driver was at fault. You, therefore, are eligible for coverage from both your employer as well as from the at-fault driver.
  2. You routinely use certain equipment at work, and you get injured by a defective piece of equipment. You are eligible for workers’ comp from your employer and are also eligible to file a product’s liability case against the manufacturer of the defective equipment.

Workers’ comp and personal injury coverage are both aimed at making sure that you get the financial coverage that you need. If you were injured in basically any work-related activity, you are entitled to workers’ comp. You don’t have to prove fault in order to receive workers’ comp; you just have to demonstrate the injury and treatment necessary. Under workers’ compensation you are entitled to a weekly indemnity check if you are unable to work or if there is no accommodations for your restrictions, medical treatment, and an impairment rating. With a personal injury case, however, you have to prove that you were not at fault in the injury and the liability falls on the third party. Under a personal injury case you will be entitled to recover for such things as your full lost wages and pain and suffering which you are unable to collect in a normal workers’ compensation claim.

What does this practically mean for you?

The bottom line is this:

Workers’ comp is a much a quicker and more certain process which will pay for your medical treatment and a weekly indemnity check. On the other hand, a personal injury claim will pay for your pain and suffering, future medical costs, and full lost wages. However, in a personal injury case we may have to go through the litigation process in order to successfully resolve your claim. At Castan & Lecca, our commitment to honest communication about tough issues and high-level client advocacy means that we will answer your questions about filing a personal injury case in a straightforward way. If you have questions about how to handle your work injury, give us a call today.