Q: How do I decide if I need to file a workers' compensation or a personal injury claim for my work injury?
A: I would urge you to meet with an attorney certified as a specialist in workers' compensation law, whether my firm or another of the fine attorneys on this board. The attorney will help figure out where and how to proceed. That is one of the benefits to having an attorney represent you! Peace of mind.
Mark A. Buterbaugh agrees with this answer
A: You would be best to sit down and speak with an experienced workers compensation attorney. You provide little facts, so determining a quick answer is out of the question. Fact is, in many cases, you have a workers compensation claim and a third party claim.
A: If the claim is against your employer and your employer has workers' compensation insurance, you can only file a workers' compensation claim. If a third-party other than your employer or a coworker was negligent and caused a work injury or if your employer does not have workers' compensation insurance and was negligent resulting in your injury, you may be able to file a personal injury claim. To by sure in your particular case, I would suggest you schedule a free initial consultation with a local workers' compensation attorney to review your options.
It may well be both. If you were hurt on the job it's comp. If you were hurt on the job by a person not an employee you may have an injury case as well.
Example: another employee backs into you, you are injured. You have a comp claim but you can't sue the other employee.
However if the other indidividual isn't working for your company but is paid by the Trucking company, then you ALSO have a case against that company and driver. If it's a vehicle related case you would also have a claim for "wrap around wage loss." Call me if that's the situation and I'll explain.
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