Depending on the circumstances of your work-related injury, you may find yourself faced with a choice: Do you file a Workers’ Compensation claim or do you file a Personal Injury claim? It is important you understand the differences before you begin the process.

What are the Differences?

The primary difference between a Workers’ Compensation claim and a Personal Injury claim lies in the fact that a Personal Injury claim is based on fault. In contrast, a Workers’ Compensation claim does not rely on fault.

Personal Injury Claims

If you were injured due to a negligent third party, you may be able to file a Personal Injury claim. If—for example—you were struck by a truck driver who had improperly loaded cargo, you could sue the driver or owner of the truck. If you slipped and fell in a hallway of a restaurant with no caution signs, you could sue the owner or manager. In either case, you must prove the other party’s negligence led to your injury.

Workers’ Compensation Claims

If you caused your own workplace injury—or your injury was the result of an accident that did not result from negligence involved, your only option may be to file a Workers’ Compensation claim. A Workers’ Compensation claim does not require a claimant prove liability. Regardless of who or what caused your injuries, you can receive benefits—as long as the injury took place while you were at work.

How to Decide

Certain situations may arise where you will have the option to choose between a Workers’ Compensation claim and a Personal Injury claim. If you were injured at work due to the negligence of another, you can consider filing either type of claim. While a Personal Injury claim is more challenging to prove, you stand to receive greater compensation. Personal Injury claims allow damages for pain and suffering. A Workers’ Compensation claim—while easier to prove—does not.


Trust Our Experience

Denied Workers’ Compensation benefits? Put experience on your side. Let Carter Mario Law Firm protect your rights. Just call 203-876-2711 today. The Carter Mario team offers decades of combined legal experience. We provide 24/7 access—and our exclusive Zero Fee Warranty. With Carter Mario, you don’t owe any attorneys’ fees unless we recover on your behalf. It’s that simple. Call 203-876-2711 to find out what Carter Mario can do for you.

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