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Is Your Case Workers Comp Or Personal Injury?

by Gene Vasquez

The overlap between workers compensation and personal injury law is larger than many folks realize. When deciding how to move forward with a case, though, you need to be able to determine whether you require the services of a personal injury or a workers compensation attorney services firm. Let's check out some of the distinctions.

You're Clocked Out

There is at least one scenario where you might actually want to talk with a workers compensation attorney if you were clocked out from work. Generally speaking, if you leave work and are asked to perform an errand on behalf of your boss, any injuries that happen are covered by workers comp. For example, someone who clocks out for lunch but is asked to pick up a cup of coffee for their supervisor may have a claim. Similarly, if your boss asked you to drop a package off at the post office, you'd have a case for the time up until you completed the errand.

Employer Doesn't Carry Workers Compensation Insurance

Some employers aren't legally required to carry workers compensation insurance, and others may not have it anyhow even though they are required. Exemptions apply to domestic servants, some commission-based workers and seamen. Some states, such as California, for have separate compensation funds to cover workers who were hurt in situations where employers illegally went without insurance, too. Otherwise, you may have to hire a personal injury attorney services practice to sue.

Your Employers Actions Were Intentional or Illegal

Another situation where you may end up working with a personal injury attorney is when your employer harmed you deliberately or was engaged in illegal activity. This can include situations where someone thought it would be funny to shove someone and they got hurt. Illegal activities include things like asking employees to break the law or knowingly allowing them to be exposed to illegal materials, such as handling toxic chemicals, without proper training or licensing. In these situations, a lawsuit for a personal injury is allowed because employers can't shield themselves from liability for intentional acts.

Choosing Between the Two

There may be some circumstances where there's an option to choose. Personal injury claims tend to allow plaintiffs to get the most money, but workers compensation cases may get money sooner. If you're not sure which route to take, get in touch with a personal injury attorney right away as the time to start a workers comp claim is comparatively short.

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