Workers’ Comp vs. Personal Injury Claims

Main Difference Between a Workers’ Compensation and Personal Injury Claim

If you sustained a job-related injury, the process of seeking compensation can involve filing a workers’ compensation claim to obtain damages for injury-related losses. However, you may also be able to file a personal injury claim against a third party, depending on the cause of injury.

It can be challenging to differentiate between the two claims, and in some cases, you may be able to file both. Even so, the most significant difference between the two is that a personal injury claim works on a fault basis. In contrast, injured victims must not prove fault in workers’ compensation claims.

Most injured workers’ believe they can only obtain reimbursement from their employer through a workers’ compensation claim. Sometimes, a third party, such as a building owner, may be responsible, necessitating a personal injury claim.

What Is a Personal Injury Case?

A personal injury case aims to compensate victims who suffer bodily harm due to an accident caused by someone else. The injured victim can pursue a personal injury case to recover losses resulting from the physical harm.

In personal injury law, injured victims generally seek compensation from the at-fault party’s insurer. If parties to a personal injury case disagree, the injured victim can litigate the matter to get a court order compelling the at-fault party to honor the settlement.

Some of the common causes of personal injury that often give rise to the right to recover damages include:

• Medical malpractice
• Slip-and-fall accidents
• Construction site accidents
• Wrongful death
• Motorcycle accidents
• Truck accidents
• Dog bites

Personal Injury

• An injured victim has to prove fault
• An injured victim has the right to sue
• An injured victim can recover all types of damages

If you wish to file a personal injury lawsuit, you must prove that another party’s negligence caused the accident that caused the injuries. The injured victim must also show the accident resulted in financial losses because of another party’s negligence.

What Is Workers’ Compensation?

Workers’ compensation laws protect workers who sustain injuries or become ill in the line of duty. State and federal laws require businesses to hold workers’ compensation insurance to provide compensation in case of an accident or illness.

You may be entitled to compensation if you sustain a physical harm by:

• A Single Event at Work: For instance, sustaining a back injury after a slip-and-fall injury at work, getting hurt in a car accident while making deliveries, or a facial burn after a chemical splash.
• Repeated Exposure: Common examples include losing your hearing because of constant loud noise or hurting your hand because of performing the same job repeatedly.

Types of benefits awarded under workers’ compensation include medical care, temporary disability benefits, permanent disability benefits, job displacement benefits, and death benefits.

Workers’ Compensation Claim

• An injured victim doesn’t need to demonstrate fault
• An injured victim cannot claim pain and suffering benefits
• An injured victim doesn’t have a right to sue
• Workers’ compensation claims are limited to employees

If you opt for a workers’ compensation claim, you can recover damages such as medical expenses, vocational rehabilitation, and temporary and permanent impairment benefits.

Can an Employer Become a Party to a Personal Injury Case?

Workers’ compensation insurance works on a no-fault basis that compensates employees for certain losses in job-related illness or injuries. Personal injury law doesn’t require an employee to demonstrate fault on the part of an employer to obtain compensation.

However, having the right to obtain compensation means waiving your right to sue an employer. Employees must also forgo their right to sue an employer even if their negligence contributed to the injury.

When workers’ compensation insurance is not an exclusive remedy, some injury victims can file a personal injury case. For instance, the workers’ compensation plan doesn’t apply to independent contractors.

You could also file a personal injury lawsuit if you sustain a work-related injury while working for an employer without the requisite workers’ compensation insurance.

You could also file a personal injury case if an employer assaults you. While an employer is not liable for fights between employees, they may be liable for encouraging fights between employees or after assaulting a worker.

Personal Injury Compensation Claims

An injured victim has the right to file a personal injury claim to obtain compensation for the losses sustained due to someone else’s negligence. The compensation obtained in a personal injury claim includes economic and non-economic damages.

Here are the common damages you can pursue in a claim:

• Medical expenses
• Out-of-pocket expenses
• Lost income
• Pain and suffering 
• Emotional anguish
• Loss of enjoyment of life
• Loss of companionship
• Future medical costs
• Disfigurement
• Mental anguish or emotional distress
• Loss of financial contribution in a wrongful death claim

Can You File a Personal Injury Claim After a Job-related Injury?

You’ll likely be eligible to file a workers’ compensation claim after suffering a work-related injury.

However, there are specific exceptions to that rule.

For instance, if you sustain an injury due to an employer’s gross negligence, it could make a case for a personal injury claim. Gross negligence may occur if an employer requires you to climb an electric post without a harness.

Suppose a contractor left debris on the floor of the warehouse. In that case, a worker who suffered a slip-and-fall injury can file a personal injury claim.

Richard Barnes – President of The Barnes Firm

Richard Barnes: “As President of The Barnes Firm, I have dedicated my career to achieving justice in hundreds of cases for the victims of injuries caused through the fault of others. Additionally, I have been honored to have been elected Best Lawyer and a Super Lawyer”

Years of Experience: 30+ years
LinkedIn Profile: Richard Barnes