After an injury, many people are unsure which type of legal claim applies to their situation. This confusion is especially common when an injury happens at work. You may be wondering whether you should file a workers comp claim, a personal injury lawsuit, or both.

Understanding the difference between workers comp and a personal injury is essential to protecting your rights and pursuing the compensation you deserve.

What Is Workers Compensation?

Workers’ compensation is a system designed to provide benefits to employees who are injured or become ill because of their job. In California, most employers are required to carry workers’ compensation insurance.

If you were hurt while performing your job duties, workers compensation may cover:

• Medical treatment related to the injury
• Partial wage replacement while you recover
• Disability benefits if the injury causes long term limitations

Workers’ compensation is generally a no-fault system. This means you may be eligible for benefits even if no one did anything wrong or even if the accident was your fault.

What Is a Personal Injury claim?

A personal injury claim is a legal claim filed against a person or entity whose negligence caused your injury. Car accidents, slip and falls and dog bites are typical examples. Unlike workers’ compensation, personal injury cases require proof that someone else acted carelessly or wrongfully.

Compensation in a personal injury claim may include:

• Lost wages because of the injury
• Medical expenses
• Pain and suffering/Emotional distress
• Future medical costs

Personal injury claims that happen while you are working are typically filed against third parties, not your employer.

The Key Differences Between Workers Comp and Personal Injury Claims

While both types of claims involve injuries, there are several important differences.

• Workers’ compensation does not require you to prove fault. Personal injury claims do.
• Workers’ compensation benefits are limited. Personal injury compensation is broader.
• Workers’ compensation usually prevents you from suing your employer. Personal injury claims are often filed against third parties.
• Pain and suffering is not covered by workers’ compensation but may be available in a personal injury claim.

These differences can significantly affect how much compensation you may receive.

Can You File Both a Workers Comp Claim and a Personal Injury Lawsuit?

In some situations, yes. If your workplace injury was caused by someone other than your employer or a coworker, you may be able to pursue both claims.

For example, you may have both a workers comp claim and a personal injury claim if:

• You were injured by defective equipment
• You were hurt by a negligent driver while working
• You were injured on a job site controlled by another company

In these cases, workers’ compensation may cover immediate medical care, while a personal injury claim may provide additional compensation.

Why Choosing the Right Path Matters

Filing the wrong type of claim or missing an opportunity to pursue both can limit your recovery. Each case is different, and the facts matter. Understanding which legal options apply to your injury can make a significant difference in your financial and physical recovery.

An experienced attorney can review your situation and identify all available sources of compensation, if it exists.

Speak With Bark Law Firm About Your Injury Case

If you were injured at work or believe your injury may involve a personal injury claim, contact Bark Law Firm to speak with an experienced attorney who can explain your options, protect your rights, and help you pursue the compensation you deserve.*

*The facts of every case are unique. Results cannot be guaranteed.