Representing victims of serious harm and death

Should I file a personal injury claim or worker compensation claim?


The personal injury lawyers at Whiting Law Group, Ltd. understand how difficult it can be to identify the right legal action when you are injured on the job. Let us help you receive the compensation you deserve.

The most significant difference between a personal injury claim and a worker’s compensation case is fault. A personal injury case is based on fault, whereas a workers’ compensation case is not. Below we have identified some of the differences between personal injury cases and workers compensation cases. As always, it is critical to work with an experienced attorney to determine your legal options.

Personal Injury Case

1.Fault: In order to recover damages for being injured on someone else’s property, together with your lawyer, you must establish that that other person negligently maintained their property. Essentially, this means that the property owner did something wrong. For example, like in most car accident cases, with the exception of “no fault” states, you can only recover damages from the other driver if the other driver was at fault.

2.Damages: You are able to recover for the harm/injuries you suffered. An example of these damages includes the following:

  1. Lost earnings
  2. Lost earning capacity
  3. Medical bills
  4. Future medical expenses
  5. Permanent impairment
  6. Pain and suffering
  7. Loss of enjoyment of life

3.Workers’ Compensation Case

No Fault: You do not need to prove that your employer or co-workers did something wrong to receive workers’ compensation benefits. In most cases, an employee who is injured on the job is entitled to workers’ compensation benefits.

Damages: Not entitled to benefits for pain and suffering in a workers’ compensation case. You can receive weekly compensation, permanent impairment benefits, medical bills, and vocational rehabilitation.

In certain circumstances, your case may require both a workers’ compensation and personal injury claim to be filed on your behalf. If you are injured while working as the result of a third party’s negligence then you are entitled to workers compensation benefits. You also may be able to pursue a claim against the third party whose negligence is responsible for causing your injuries. These decisions are complicated and require the careful analysis of an experienced attorney.

Whiting Law Group takes a personal interest in every case that comes into our office. If you are looking for an attorney that will give you undivided individual attention, commitment to excellence, and use every possible resource available to help you win your case, then Mr.Whiting and his team of accident and injury trial lawyers personally invite you to contact them for a free consultation toll free at 1-877-936-7200 or by email at There is no fee unless we win your case.