Should I File a Workers Compensation Claim or a Personal Injury Claim for an On-The-Job Car Accident?

Many people realize that when they are injured at work they may have a Workers’ Compensation claim. However, many people do not realize that if their work-related injury occurred while in a car accident they may also have a personal injury claim, which will provide further compensation!

To win a Workers’ Compensation claim, you must prove that you were either driving or riding in the vehicle for work-related reasons. A work-related reason could include running an errand for an employer, making deliveries that are work-related, or even taking an important business call while driving. Winning your Workers’ Compensation claim will allow you to recover medical bills, lost wages, and will make you eligible to collect Workers’ Compensation benefits through your employer.

To win a Personal Injury claim, you must prove that the other driver was at fault or negligent (notice how this is different from a workers compensation claim in which the injured person doesn’t need to prove fault or could be the one at fault themselves). A driver is at fault for example when they break certain traffic laws such as speeding, failing to yield, or running a stop sign. Unlike workers compensation damages, personal injury damages include damages for pain and suffering.

Therefore, if you believe your on-the-job car accident was due to the fault of the other driver, you should pursue a Workers’ Compensation claim and a Personal Injury Claim. This will allow you to recover medical bills, lost wages, and damages for pain and suffering. To better understand your case and which option is the most suitable for your situation, contact Ellis & Associates at 1-800-Mr. Ellis.