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Should a Work-Related Car Accident Be Filed as Workers’ Compensation or a Personal Injury Claim?

Generally speaking, the workers’ compensation system will allow you to get medical care and other benefits for an injury sustained while working. Workers’ compensation is a system of no-fault insurance for employees who are hurt or ill at work. However, filing a claim through the workers’ compensation system may not be your best option if you are harmed in a car accident while at work.

Keep reading to find out why – and to learn about the alternative. Then contact PLBH at (800) 435-7542 to request a free legal consultation to determine what your best option is.

Filing a personal injury lawsuit

You could file a personal injury lawsuit against the driver and/or his insurance provider if you were hurt in an automobile accident that was caused by a third party. This legal action would be based on the losses you sustained as a result of the other driver’s negligence.

The workers’ compensation system is the exclusive (only) remedy for on-the-job injuries not caused by third parties, thus you cannot bring a personal injury case against your employer. However, if a third party was at fault for your injuries, you may.

You can sue for different damages in each option

The type of damages you can receive in a personal injury lawsuit versus a workers’ compensation claim differs significantly. You can normally only collect reimbursement for your medical expenses and lost income in a workers’ compensation case. If you are entirely or partially incapacitated, you may potentially be eligible for disability benefits.

You won’t be compensated for any emotional distress or other harm you may have endured as a result of the accident. Only in a personal injury case can these forms of damages, often known as general damages, be recovered.

Property damage is also recoverable in a personal injury case; however, workers’ compensation does not cover this kind of harm. The damage to your automobile will not be covered by your employer, for instance, if you were using your own vehicle to travel to a distant job site at the time of the accident. Only a civil case will allow you to demand payment for those repairs.

The burden of proof differs in each option

You will need to demonstrate that the other motorist was at fault for your injuries in a personal injury claim, though. The workers’ compensation system, on the other hand, is a no-fault system. Most workers’ compensation cases only need you to show that you were hurt and that the accident happened while you were at work. In contrast, if you bring a personal injury lawsuit against another driver, you will need to demonstrate that the other party was at fault for the collision and is liable for your injuries and other damages both legally and monetarily.

Contact us today for a legal consultation

A workers’ compensation lawyer should be consulted before making the difficult decision of whether to file a personal injury lawsuit or a workers’ compensation claim. Our attorneys at PLBH have extensive backgrounds in both personal injury law and workers’ compensation law. We provide no-cost initial consultations during which we can assist you in determining if you have a strong case.

Our attorneys will walk you through every step of the procedure whether you decide to file your case through the workers’ compensation system or as a personal injury lawsuit. Call (800) 435-7542 or email info@plblaw.com to make an appointment and find out more about how we can assist you.