Auto Accident Law 101

Auto Accident Law 101

Workers Compensation Or Personal Injury: Which Type Of Claim Should You File?

Everett Cook

In some cases, your injuries may fall under both personal injury claims and workers compensation claims. For example, dog bite cases are typically personal injury claims, but if they happen during the course and scope of your accident, they may also be workers compensation claims. Likewise, if you are driving for work and are involved in a car accident, you may be unsure whether you have a workers compensation claim or a personal injury claim. Here are a few questions to ask yourself when determining whether to file a personal injury or workers compensation claim. 

Did the Incident Happen During the Course and Scope of Your Job?

One of the most important questions to ask is whether the incident that left you injured occurred during the course and scope of your employment. If the incident occurred while you were completing job-related tasks, you will most likely be able to file a workers compensation claim. One of the first thresholds to meet in order to file a workers compensation claim is being able to show that the accident or incident occurred while doing your job. If you can meet this requirement, you can file a workers compensation claim. If the incident happened while you were not in the course and scope of your job, a personal injury claim is the right type of lawsuit for you. 

Is Your Employer to Blame for the Incident?

Another question to ask yourself is whether your employer is to blame for the accident or incident that left you injured. In this case, your employer also includes any employee hired by your employer acting in the course and scope of their job. If your employer is to blame for the incident, such as failing to provide a safe work environment, you can only file a workers compensation claim, not a personal injury claim. It is important to note that your employer does not need to be at fault to file one of these claims. Sometimes, accidents occur at work and it is no ones fault. However, if your employer is solely to blame, they cannot be sued under personal injury laws, only under workers compensation laws. 

Is a Third-Party to Blame for the Incident?

The last question to ask is whether a third-party is to blame for the incident. This means that someone other than yourself, your employer or an employee in your company acting in the course and scope of their employment is to blame for the incident. If someone else is to blame for the incident that left you injured, you are able to file a personal injury claim. If you are injured by a third party during the course and scope of your employment, you may be able to file both a workers compensation claim and a personal injury claim. However, be aware that you cannot double dip. For example, if workers comp pay you 2/3rds of your lost wages, you can only sue for the remain 1/3 in your personal injury claim, as this is what you are out. 

If can be challenging to determine what type of claim you should file. If you have been injured and are not sure whether you can file a personal injury claim, a workers compensation claim, or both, consult with a lawyer, such as from Gieg Law Offices, today. 


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About Me
Auto Accident Law 101

After being involved in a serious auto accident with a drunk driver, I struggled heavily with getting the driver's insurance company to open a claim. When the insurance company started pushing back, I knew I needed to do something. I spent a lot of time digging through the laws surrounding auto accident claims so that I knew what my legal rights were. I even talked with an auto accident attorney. I created this site to teach others about what I learned, including my court experience. I hope it helps you to determine how you should proceed with your auto accident case.

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