Injured on the Job: Work Comp or Personal Injury?

  • If you’ve been hurt in an accident at work, you probably have no idea what you need to do to recover compensation. Many people automatically assume that their work injury will be covered by workers compensation so long as the accident occurred at work, but that’s not always the case.

    Some accidents won’t be covered by workers comp; some won’t be covered by personal injury laws. It all depends on the circumstances surrounding your claim. It’s usually best to speak with an attorney about your case so you have a firm idea of which direction you should take.

    Nevertheless, here are a few basic ways to tell if you have a workers comp case or a personal injury case after you’ve been injured on the job.

     

    When You May File a Work Comp Claim

    Some indications that you have a work comp case:

    • The accident occurred on the job and involved your normal work duties.
    • You caused your own injuries, albeit accidentally.
    • It seems like a real “accident” and wasn’t caused by excessive negligence.
    • Your injury was an occupational disease or illness.

     

    When It May Need to Be a Personal Injury Claim

    Indications that you might have a viable personal injury case:

    • The accident was unusual in some way and seems like excessive negligence or malice caused the accident.
    • You were physically assaulted by someone at work.
    • You were injured by a third party other than your employer at work.
    • Your employer doesn’t have workers comp insurance.

     

    When in Doubt, Call a Lawyer!

    There’s really no reason to remain in the dark about what type of case you have. The attorneys at Lopez & Humphries, PA can handle both workers comp claims and personal injury claims, and we’re happy to tell you what type of case you have during a free claim review. Call 863-709-8500 or visit our website for details.