Workers’ Compensation Vs. Personal Injury Claims
When you are injured at work, you may not know where to turn. Workers’ compensation is of course available for injured workers, but what if the injury occurs while driving on the job? What if a supplier, vendor or customer causes the injury? Should you file a personal injury claim against that party?
Las Vegas workers trust Ralph Schwartz, to explore every avenue for recovery after a work injury. We are thorough and reliable, and are here to help you back on your feet.
If you are injured at your job, whether at your workplace or while you are performing work activities, you are almost always eligible for workers’ compensation through your employer’s insurance. These benefits, however, are capped to a percentage of your earnings, and do not cover many nonmedical expenses such as benefits for pain and suffering or loss of enjoyment of life. When filing for workers’ compensation benefits, your employer is protected from a personal injury lawsuit relating to your injuries.
A personal injury claim or lawsuit can be filed any time someone’s negligent or reckless acts cause you an injury or destroy your property. You can potentially claim a much larger reward in these claims, but must show the accident was a result of someone else’s negligence or recklessness.
Can you have both?
Yes. While many injured workers simply go for workers’ compensation, it is possible to also have a concurring personal injury claim — but only when a third party caused your accident. Examples of this can include:
- If you are driving somewhere as part of your job duties and get in an auto accident
- If you work at a casino and are assaulted by a patron or another individual on the property
- A product defect causes you a serious injury on the job or while performing your work duties