Can I file for workers’ compensation and a personal injury claim?

On Behalf of | Jun 14, 2021 | Workers' Compensation |

When an incident arises at work that concludes in you getting hurt, the treatment may cost you time and money. Not only that, but if the damage is severe, you may have to change professions.

What happens if an accident qualifies for both workers’ compensation and as a personal injury claim? Under Delaware law, you do not have to choose between the two, and you may find yourself in a better financial situation filing a dual claim.

The difference in the claims

If you get hurt on the job, you may file a workers’ compensation claim. The requirement is that your injury was the direct result of your job duties. The workers’ compensation process begins with you furnishing a doctor’s finding that the injury was due to work. To file a personal injury claim, you must prove that the responsible party was negligent. For example, a construction worker performing getting struck by a driver may fall squarely within the parameters of personal injury.

The financial recovery options

Both workers’ compensation and personal injury claims allow you to recover financial awards for the damage you sustained. Workers’ compensation pays out current and future medical treatment and covers lost wages through temporary and permanent disability payments. Personal injury damages pay for the money you lost due to bills and missed paychecks and the emotional and physical pain and suffering the injury caused. If the negligence was outrageous in the eyes of the court, you may find yourself collecting punitive damages. These are usually higher dollar payouts meant to punish the responsible party.

Filing two claims may turn out to benefit you in the short and long run. Maximizing your compensation for a work injury will only help you get further along the road to recovery.