If you are injured while performing a work-related activity, you may be entitled to compensation through your employer’s workers’ compensation insurance. However, in some cases, you may also have a personal injury claim against a third party if they were partially or fully responsible for your injuries.
This intersection of workers’ compensation and personal injury law can be complex, but understanding the differences and how they interact is crucial for protecting your legal rights.
The key differences between the two claims
Workers’ compensation is a system designed to provide benefits to employees who suffer work-related injuries or illnesses. It is a no-fault system, meaning you do not have to prove that your employer was negligent or at fault for your injuries. In return, you cannot sue them for compensation.
You are entitled to benefits regardless of fault as long as your injury occurred in the course and scope of your employment with workers’ compensation. These benefits cover medical expenses, a percentage of your lost wages and vocational rehabilitation.
On the other hand, personal injury claims are based on the legal concept of fault. To bring a personal injury claim, you must prove that the third party was negligent or otherwise at fault for your injuries.
Personal injury claims can arise in various contexts, such as car accidents, slip and fall accidents and negligent contractors at the workplace who fail to take proper safety measures. Such claims can result in compensation for a wider range of damages than workers’ compensation, such as pain and suffering, emotional distress and loss of enjoyment of life.
Was a third party involved in your workplace accident?
Suffering an injury on the job can be a devastating experience that can leave you with significant financial losses and long-term physical and emotional trauma. The situation can become even more complex when a third party is responsible for causing the accident.
In such situations, seeking legal assistance is critical to protect your rights and obtain fair compensation for your losses.