While an accident attorney can help you file a worker’s compensation claim, it’s a much different process from filing a personal injury claim. Sometimes a worker’s compensation claim can lead to a personal injury lawsuit, but that’s not always the case. Below, learn how these two types of claims differ.

What Factor Does Fault Play?

An accident attorney must be able to show that the defendant is at fault in pursuing a personal injury claim. Either through negligence or through a willful act, the defendant must have been responsible for the circumstances that resulted in the plaintiff’s accident. If the plaintiff also acted negligently, they may share some of the faults, and that can restrict how much they can seek in compensation or damages. 

If you’re injured at work, the claims process is different in that your accident attorney doesn’t have to show that your employer was at fault. In fact, your claim doesn’t rely on establishing a fault at all. Even if you were solely at fault for causing the accident, you still have the right to worker’s compensation.

What Damages Can Be Recovered? 

Another difference is in the types of damages your personal injury lawyer can recover for you. In a personal injury claim, you can seek damages to recover the costs of your medical treatment, missed days from work, permanent disability, loss of earning capacity, pain and suffering, and other types of damages that may or may not apply to your situation.

In a worker’s compensation claim, the damages you’re able to seek are a little more limiting. You can only seek compensation for the days you missed from work, your lost wages, medical bills, and physical therapy. You cannot seek pain and suffering damages or any damages related to your emotional recovery.

When Does a Worker’s Compensation Claim Lead to a Personal Injury Lawsuit?

Your injury attorney may consider filing a personal injury claim in cases where your accident resulted from a defective piece of machinery or an improperly stored toxic chemical. In those cases, the lawsuit would be filed against a third-party manufacturer, not your employer. A suit can be filed against your employer if your employer directed you to perform unsafe or illegal activities, and your injuries resulted from that act. You can also sue your employer if you were injured and if your employer does not have worker’s compensation insurance.

If you have suffered a workplace accident, Jones & Jones PC Attys At Law can help you recover damages. Located in Andalusia, AL, the firm’s accident attorneys have the expertise and knowledge to help you obtain a fair settlement. To discuss your situation, schedule an initial consultation by visiting them online or by calling (334) 222­-3161.

No representation is made that the quality of the legal services to be performed is greater than the quality of legal services performed by other lawyers.