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Can I File a Personal Injury Claim for a Work Accident?

A workplace accident can put you out of work for a long time, whether you caused the accident or not. Worse, your workers compensation benefits might not cover everything you and your family need to get back to normal.

When this happens, you need to decide what the best course of action for your family is: workers comp or a personal injury claim. While both have their benefits, deciding which one will help you most is key. Your family needs to be financially secure while you recover from your injuries.

Personal Injury vs. Workers Compensation

Before you decide what sort of claim you want to file, it’s best to consider the differences between personal injury and workers comp so you know exactly what your family needs.

First, personal injury covers nearly all cases in which a person is intentionally or unintentionally harmed by another person. This covers most accidents, from car collisions to slip-and-fall incidents.

Workers comp, in contrast, is specifically available to cover the injuries a worker may suffer on the job. For instance, if a tool or building material fell on you and injured you, your workers compensation benefits should cover medical expenses and a portion of your lost wages.

Personal injury claims can provide coverage for much more than just medical bills and lost income. A successful personal injury claim can compensate you for emotional trauma, reduced quality of life, and a host of other damages you might have suffered. However, you can only file a personal injury claim after a work accident under specific circumstances.

When You Can File a Personal Injury Claim

Not every injury in the workplace is necessarily covered by workers compensation, and you may benefit more from filing a personal injury claim. But in what situations should you file for personal injury compensation? Consider the following scenarios:

  • A Defective Product Left You Injured – In these cases, you can file a claim against the manufacturer of the product that injured you at work.
  • Your Employer Doesn’t Carry Workers Comp – While many Alabama employers do carry this insurance, some don’t, and you may need to file a personal injury claim to recover compensation.
  • Toxic Substances Harmed You – Your work may force you to come in contact with toxic substances, which can easily injure you or make you sick. If this is the case, you are entitled to seek personal injury compensation from the manufacturer of the substance.

How We Can Help

Deciding whether your case applies to personal injury or workers comp can be confusing, but at the Henry Dailey Law Firm, we’re here to guide you through the process. If you have been injured in a workplace accident, call us for a free consultation with an Alabama personal injury lawyer. We can be reached at 205-995-2412, or you can fill out our online contact form at the bottom of the page.


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