Auto Accident Workers Comp vs. Auto Accident Personal Injury

Do you know the compensation/benefit differences between work-related vehicle accidents and non work-related vehicle accidents? The processes for each type of claim, and the compensation available to you can be quite different. Since workers’ compensation and personal injury claims involve different steps, it can be beneficial to know the similarities and differences. Speaking with an experienced workers’ comp attorney can help you distinguish between the two and help you figure out which claim you should pursue.

Auto Accident Workers’ Comp

In order to be eligible for workers’ compensation in your vehicle accident case, you must have been driving for work-related reasons. Some important things you need to know about auto accident workers’ compensation claims are:

  • Personal Injury Protection (PIP) insurance does not cover any medical expenses. Workers’ comp generally pays for all medical costs – there are no limits.
  • Compensation is usually paid weekly for a period of time if you have to take time off work due to your injuries.
  • No-fault is needed, meaning you do not have to prove that someone’s negligence caused your injury.
  • You are allowed to both collect workers’ compensation benefits and sue third parties for damages. This means that you can receive workers’ compensation and file a personal injury claim.
  • You can only recover certain damages covered by worker’s comp, which include: lost wages, medical expenses, physical therapy, vocational rehabilitation, etc. Workers’ comp does not cover pain and suffering.

Auto Accident Personal Injury

If you were involved in a vehicle accident caused by someone else’s negligence and you were not on-the-job, you may be able to file a personal injury claim against the negligent driver. Some important things you need to know about auto accident personal injury claims are:

  • Personal Injury Protection (PIP) insurance usually pays for the first $2,000 in medical bills. Your health insurance should pay for the rest. However, if you do not have health insurance, PIP normally covers up to $8,000 in medical expenses.
  • Compensation is usually paid in a one-time lump-sum settlement.
  • Fault is needed, meaning you have to prove that another driver was at fault in order to receive compensation.
  • You could potentially recover all of the damages you have suffered, including pain and suffering, lost wages, medical expenses, loss of enjoyment of life, emotional trauma, etc.

Contact a Massachusetts Workers’ Comp/Personal Injury Attorney

Determining the difference between auto accident workers’ comp claims and personal injury claims is not as easy as it may seem. It can be difficult to prove that your car accident was work-related. Similarly, it can sometimes be difficult to prove fault in a personal injury claim. If you need help in your car accident case, regardless of whether it falls under workers’ comp or personal injury, our lawyers at Powers & Caccavale can show you your options and make the process as smooth as possible. Get started today by filling out our free case evaluation or by calling (617) 379-0016.

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