After sustaining an injury on the job, you’ll have options when pursuing compensation for your physical and financial recovery. Your two primary legal courses of action will be to seek worker’s compensation or to file a personal injury claim.
What’s the difference between the two?
On the surface, both methods help injured victims seek payment for their mental, physical, and monetary damages. However, the intricacies of workers’ compensation versus injury lawsuits vary. It’s up to you (and your legal advisor) to determine which method of compensation suits your circumstances.
Let’s look at the crucial differences between workers’ compensation and personal injury lawsuits.
When You’re Eligible for Workers’ Compensation
We’ll begin by discussing when workers’ compensation is the appropriate course of action. If your injury happened at work or while performing work-related duties, you’re eligible for workers’ compensation.
For example, if you were to sprain a muscle while lifting a load in your employer’s warehouse, you would be eligible for compensation. Similarly, if you were involved in a machinery accident that affected you physically or mentally, you could pursue workers’ compensation.
The key here is that you don’t have to prove fault. As long as you can prove that your injury relates to your work, happened at your place of employment, or occurred on the job, you won’t need to demonstrate blame to receive benefits.
There are four types of workers’ compensation benefits you can receive:
- Medical coverage
- Wage benefits
- Vocational rehabilitation
- Death benefits
In general, workers’ compensation should provide the financial protection and medical care a victim needs to recover after an accident.
So, what about a personal injury claim? When would you file a lawsuit instead of seeking workers’ compensation for your injury?
When You May Want to File a Personal Injury Claim
There are situations in which a personal injury claim is more appropriate for an injury at work. These include cases in which there is an evident liability – likely when a third party played a role.
For example, if you were exposed to dangerous substances due to your malfunctioning PPE, the blame would fall squarely on the PPE provider who gave your company faulty equipment. Another example would be if you slipped and fell at work after a cleaning crew didn’t mark slick or wet surfaces.
The significant difference here is fault. In these scenarios, it is not the victim’s fault that they were injured, nor was it an entirely unpredictable accident. There is, however, blame to be placed on a third party.
The potential benefits of a personal injury lawsuit are also different. A victim’s claim tends to address the following three kinds of damages:
1. Economic Damages
These damages are objectively verifiable monetary losses. For example, economic damages could include past (and future) medical expenses, loss of income, repair or replacement costs, therapy bills, and any other provable financial losses.
2. Non-Economic Damages
Non-economic damages are subjective losses. These could include vague concepts such as pain, suffering, inconvenience, emotional distress, grief, loss of companionship, and more. Although these damages are intangible and often difficult to understand in terms of monetary compensation, a personal injury lawyer can help victims determine the financial value of non-economic losses.
3. Punitive Damages
Exemplary or punitive damages are awarded in lawsuits when the at-fault party was clearly negligent, malicious, fraudulent, or oppressive. As the name suggests, these damages essentially “punish” the defendant and hold them accountable for their actions.
Can You Sue Your Employer for Injuries on the Job?
Typically, the answer is no, you cannot sue your employer directly for your injuries. Workers’ comp laws exist to protect both employees and their employers. The average U.S. employers pay roughly $957 a year per worker to legally provide workers’ compensation to protect both parties.
It is uncommon for employees to be able to sue their employers or co-workers for negligence. Personal injury lawsuits can only happen in rare employment-related cases, such as when the employer intentionally caused the injury or an at-fault third party was involved.
Furthermore, workers’ compensation is usually an exclusive remedy. If you recover workers’ compensation, you may not be able to secure a personal injury claim settlement.
This is why it’s essential to share your case details with a trained personal injury attorney. An experienced lawyer will be able to help you understand which avenue to pursue, and if you do file a claim, they’ll ensure you’re able to prove fault.
In Conclusion
If you were injured on the job, chances are that you’ll seek workers’ compensation to pay for your losses and expenses. Still, if blame can be established, there is a chance you can seek rightful payment via a personal injury lawsuit.
A personal injury law firm will help navigate the process of seeking payment. Rather than waffling between the two options on your own, speak with an experienced team that specializes in workers’ compensation and injury cases.
Author Bio:
Samuel R. Carl is the co-founder of Midwest Injury Lawyers, a full-service personal injury law firm that specializes in serious accidents involving car accidents, bike accidents, nursing home abuse, medical negligence. With over 10 years of experience in the personal injury law field, Sam spent years protecting the rights of injured victims and their families, securing millions of dollars for his clients through jury verdicts and settlements.