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Difference between Workers’ Compensation and Personal Injury

When someone is in an accident their case can fall under one of 2 categories, Workers’ Compensation, personal injury or possibly both. 

If someone gets hurt while working, they will have a Workers’ Compensation case, and would need to hire an attorney who specializes in Workers’ Compensation. This claim would be filed against the employer’s insurance company. On the other hand, if someone gets into an accident off the job, they would need a personal injury attorney. This lawsuit would be filed against the person who was responsible for the accident. 

However, things are very different if someone was injured while working, AND the accident was caused by someone who was not under the control of their employer. For example if a taxi driver gets into a car accident, or a construction worker’s injury was caused by another company on the job, then they would need TWO attorneys for 2 separate cases. A Workers’ Compensation attorney will file a case against their employer’s insurance, while a personal injury attorney would file a lawsuit against the person who caused the accident. Many people are easily mistaken by this, and thus do not get the proper representation they need. Workers’ Compensation and Personal Injury are 2 completely different fields. Most personal injury attorneys do not know how to properly handle a Workers’ Compensation case since it is a different Court system, and the rules and laws are different. Therefore, if someone gets injured while working it is imperative to retain an attorney who specializes in Workers’ Compensation and not just hire a personal injury attorney.

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