Monday, October 12, 2009

Can you make both a worker’s compensation claim and personal injury claim if you are injured at work while operating a vehicle?

The simple answer is YES. However, you cannot duplicate benefits.

Workers’ compensation benefits provide three distinct benefits:

1. Full coverage for medical expenses for the rest of your life so long your medical expenses are related to the injuries suffered in the work related accident. (this benefit is a tremendous benefit because workers’ compensation pays for 100% of your medical expenses(no deductibles or coinsurance limits) and it lasts for your entire life.
2. 2/3rds wage replacement for time off work due to your accident.
3. Award for permanent impairment rating should your injury be permanent in nature.

Personal injury laws provide for the following damages:

1. Medical expenses incurred in the past and future medical expenses to the extent the treating doctor can anticipate them to be incurred in the future.
2. Pain and Suffering. A reasonable amount of money to compensate you for the pain, inconvenience, impairment of lifestyle, etc. This damage is not part of the workers’ compensation system.
3. Past and Future Lost Wages. This element of damage is similar to the wage benefits provided through workers’ compensation. An auto accident victim would be entitled to the 1/3 of past wages not paid by workers’ compensation (called “excess lost wages”) and the car wreck victim would be entitled to any impairment to his earning capacity minus the award for permanent impairment rating.

A lot of states make you choose between a workers’ compensation claim and a personal injury claim or simply limit you to a workers’ compensation claim. Kentucky allows you to make both but not to duplicate. In order to maximize your recovery of the benefits described above, contact the Kentucky Auto Accident Attorney at 1-502-241-8000 or


  1. People should take medical claim or insurance because it can help to any one in critical situations like in accidents.

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  2. Personal injury laws are different per state. And each case would be based on the individual situation. You probably could be taken advantage of by an insurance adjuster if you are unfamiliar with all the laws pertaining to personal injury claims. It would be best to have yourself aided by a good and experienced injury attorney.

    Javier Hoppes

  3. The injured person can decide which type of compensation he/she wants to claim. But if your injury is too severe, I suggest that you claim workers’ and personal injury compensation as you're still entitled to it. Even though it cannot be duplicated, the benefits and privileges are more than enough to help you cope with the injury.

  4. Personal injury law states that the person who caused the harm must be liable to those individuals who have been injured. It’s just right that you are held legally responsible for all the damage that you caused to other people. Well, people must be familiar about this matter so that you know what to do should you get involved in an accident, either as the guilty party or the injured party.

  5. The answer to the question would be yes, and I agree with Mr. Javier, if you feel that you are burdened with the complexities of injury laws, it would absolutely do you good to hire a personal injury lawyer to handle your case. Choose a lawyer that you feel you could be honest with. Make sure that the lawyer is also pro-active and has a lot of experience in the matter.

    Phyllis Kitzmiller

  6. I agree with Javier, personal injury laws differ in between states and the article about making both is allowable, but you have to pick one. It makes sense, doesn’t it? After all, you can’t have both benefits when they are more or less the same. Therefore, choose one that you are comfortable with, if you are allowed to choose.

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