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Work Injury: Personal Injury, Workers’ Compensation or Both?

Posted on 08/10/20 by Malloy Law Offices in Workers' Compensation

Personal Injury cases and Workers’ Compensation cases can intertwine after a work injury, yet at times, are very different from each other. Keep reading this blog and you will understand both, the main differences of these two categories, and how they work together.


Personal Injury VS Workers’ Compensation in a Work Injury

There are two main differences between Personal Injury and Workers’ Compensation. First, a personal injury case requires someone to be liable or at fault for a work injury. So, filing a lawsuit against the other party is possible. And, personal injury cases have the capability of recovering compensation for pain and suffering caused by the accident. How does this case differ from Workers’ Compensation?

A Workers’ Compensation case isn’t solely dependent on who was negligent. Therefore, it’s not possible to file a Workers’ Compensation lawsuit against an employer or employee. But this doesn’t mean you can’t receive the compensation needed for your recovery. In fact, when filing for Workers’ Comp, the lawsuit will be against your employer’s insurance company, who isn’t providing a suitable amount for all losses. 

After having suffered a work accident, you might be entitled to appropriate compensation for those injuries. If you’ve been injured at work, know the importance of filing a lawsuit.


Personal Injury and Workers’ Compensation Together

How can these two different cases happen at one time? Here’s an example.


Let’s say, you are a truck driver. While you were on the road, someone collides into the truck you’re driving. You are now dealing with many legally involved people. Unfortunately, this happens often, so make sure you have the best legal help if you decide to pursue a case. Here is another example. 

Imagine this: while on the job, your coworker injures you. You then file a report with your employer but their Workers’ Compensation insurance isn’t offering enough support for your recovery. Remember, filing a Workers’ Compensation lawsuit against your employer or co-worker is impossible. But don’t worry, you can still receive compensation for the injury.

In addition, remember to file a report with your employer after an injury happens on the job, and contact a Bethesda personal injury attorney. Filling a report with your employer does not start a Workers’ Comp. lawsuit, and vice versa. Both should be done as soon as it is safe for you to do so. If you are in need of a Personal Injury and/or Workers’ Compensation lawyer, we are here for you.

Contrary to popular belief, if a work accident happens, having both cases (Personal Injury and Workers’ Compensation) doesn’t mean you get double the compensation


How to Handle Both Personal Injury and Workers’ Compensation After a Work Injury

Having both a Personal Injury case and a Workers’ Compensation case does not necessarily mean “double” anything. Even so, remember to file a report with your employer soon after an injury at work. This would help your case in the long run. 

After filing a work injury report, you may receive a lump sum of money from their insurance but it may not be sufficient enough. When pursuing a work injury case, expect to pay back what your employer’s Workers’ Compensation insurance gave or will give. So, even though there is a Personal Injury case and a Workers’ Comp. case, it doesn’t mean double the compensation.

Sometimes, because of laws and the involvement of many parties, choosing one specific case can can be better than having both.


The “Better” Case Option: Personal Injury or Workers’ Compensation

It could be a good idea to pursue both, Personal Injury and Workers’ Compensation. But if one case seems better in your favor, you might want to choose that case instead of the other one. This could be discussed with a work injury lawyer. They can best explain which case would be better for your situation or if both should be pursued.

Having both a Personal Injury case and Workers’ Compensation case can be extremely complicated, so remember to keep these thoughts in mind:


  1. To have both Personal Injury and Workers’ Compensation cases, they have to derive from the same work injury.
  2. Don’t expect double the compensation with double the cases.
  3. Choose the “better” case if both don’t compliment each other.
  4. A lawyer increases your chances of getting suitable compensation.


Ultimately, getting a work injury lawyer can positively change the outcome of your recovery.


Think of us as Your Work Injury Lawyers

Laws make work accidents extremely complicated. Multiple legal parties can be involved, and working against a corporation is not easy. Our numerous years of practicing in work injury law, has helped many recover after an work accident. Contact us today by phone (202) 845-7735 or through our website at

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