Do I Need a Workers' Compensation or Personal Injury Attorney for My Injury Claim?

Personal Injury Blog

If you are injured on the job, it may be unclear whether you need a Pennsylvania workers' compensation attorney or a personal injury attorney. In a recent court case from New Jersey, a woman was awarded $2.25 million in a slip-and-fall case. A woman fell on ice in the parking lot as she was going into work. In this case, the property owner was determined to be liable for the damages in a premises liability lawsuit. However, some cases may not be so clear.

For example, if the woman had been driving to the post office to purchase stamps as part of her job duties and her vehicle was rear-ended by another driver, would she qualify for workers' compensation or should she file a personal injury claim against the driver of the other vehicle? Should she hire a workers' compensation lawyer or an automobile accident lawyer?

Workers' Compensation Claim or Automobile Accident Claim?

The woman in our example would likely be entitled to receive workers' compensation benefits under Pennsylvania's Workers' Compensation laws because she was injured while on the job. However, if the driver of the other vehicle was at-fault for the accident, the woman may also have a claim against the driver.

Workers' compensation pays for medical expenses and a portion of lost wages if you are unable to work due to injuries sustained in a job-related accident. However, you are not entitled to receive compensation for your pain and suffering. In an automobile accident claim against the other driver, you may be entitled to receive compensation for all lost wages in addition to compensation for your physical pain and emotional suffering. Therefore, the woman in our example may receive more compensation from a personal injury claim than she will receive under workers' compensation laws.

Having an attorney who understands workers' compensation laws and Pennsylvania automobile accident law is very important in a case like this to ensure you receive the compensation you are entitled to receive for your damages. An attorney who practices law in both of these areas understands how they relate to each other. A comprehensive understanding of both areas of law allows the attorney to sort out the complex questions of liability. Our attorneys can also sort out the issue of subrogation rights if the workers' compensation insurer pays for some expenses prior you receiving compensation from the insurance company of the at-fault driver.

We Handle All Areas of Pennsylvania Personal Injury Law

The personal injury attorneys of Handler, Henning & Rosenberg LLC have extensive knowledge in the areas of Pennsylvania Workers' Compensation and the laws governing car accidents in Pennsylvania. Our attorneys have the experience to handle complex personal injury claims. We offer comprehensive legal representation when you need it the most. We want to help you recover compensation for medical bills, lost wages, property damage, emotional suffering, and physical pain. When you are injured on the job or injured because of the careless, reckless, or negligent acts of another party, you should not be required to bear the financial burden alone.

If you have been injured in Harrisburg, Lancaster, York, Hanover, Carlisle, or the surrounding areas, contact Handler, Henning & Rosenberg LLC for a free consultation and case evaluation.