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Should I File a Workers Comp or Personal Injury Claim?

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If you’ve been injured on the job or during work duties, you may be wondering whether to file a personal injury claim or a workers’ compensation claim to recover damages and cover medical bills. It’s important to understand that there are situations where a personal injury lawsuit can be filed for a workplace injury, and it’s not necessarily “suing” your employer.


Here are some examples of when a personal injury lawsuit may be appropriate for a workplace injury:

1.       Defective Product

If a defective product is responsible for your injury, you may be able to file a personal injury lawsuit against the manufacturer of the product.

2.       Intentional or Reckless Employer Conduct

If your employer’s conduct is intentional or clearly likely to cause serious injury or death, you might have grounds for a personal injury lawsuit.

3.       Toxic or Illegal Substances

If your injury is a result of exposure to toxic or illegal substances in the workplace, you could potentially file a personal injury lawsuit.

4.       No Workers’ Compensation Insurance

If your employer does not carry workers’ compensation insurance, which is required by law in many cases, you may have the option to pursue a personal injury claim.

5.       Negligence by a Third Party

If the injury was caused due to the negligence of someone who does not work for the company but is responsible for maintaining the safety of the workplace (e.g., a property owner), you may have a basis for a personal injury lawsuit against that third party.


It’s crucial to consult with workers’ compensation attorneys who can review the specifics of your case and help you determine the best course of action following an accident on the job. Tenina Law, for instance, can provide you with resources and experienced guidance to ensure that you make informed decisions and pursue the most appropriate legal avenue for your situation.


This article was written by Alla Tenina. Alla is the best Ventura bankruptcy lawyer, and the founder of Tenina Law. She has experience in bankruptcies, real estate planning, and complex tax matters. The information provided on this website does not, and is not intended to, constitute legal advice; instead, all information, content, and materials available on this site are for general informational purposes only. Information on this website may not constitute the most up-to-date legal or other information. This website contains links to other third-party websites. Such links are only for the convenience of the reader, user or browser; the ABA and its members do not recommend or endorse the contents of the third-party sites.


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