What is the difference between a workers’ compensation case and a personal injury claim? If you’re injured at work, it’s likely that your only source of recovery will be a workers compensation claim.
However, if you are injured on the job, and your injury is caused by someone not related to your employment, you may be able to make a personal injury claim against that person or company and also a worker’s compensation claim against your employer at the same time. Sometimes you may have to repay your employer for the worker’s compensation benefits from any recovery you make in the personal injury claim, but it generally is worth you while to do so. Call Decker so we can examine your exact situation and advise you of your rights.
To outline the differences further, let’s start with some simple definitions.
“Workers’ Compensation is insurance paid by companies to provide benefits to employees who become ill or injured on the job. Through this program, workers are provided with benefits and medical care, and employers have the assurance that they will not be sued by the employee.” – About.com
“‘Personal injury‘ cases are legal disputes that arise when one person suffers harm from an accident or injury, and someone else might be legally responsible for that harm.” – FindLaw.com
Because both claims stem from injury, there can be confusion as to what claim should be submitted. It is therefore important to note that you are barred from suing your employer for a workplace injury if the employer pays for workers compensation insurance. This is because when employers provide workers’ compensation for the benefit of their employees, they are typically protected from defending personal injury claims brought by those employees.
The biggest difference in between the cases lies in the damages. In a workers’ compensation case you are not entitled to benefits for pain and suffering. In a personal injury claim or lawsuit, you are entitled to recover all of the damages that you have suffered. This could include lost earnings, medical bills, future medical care, permanent impairment, pain and suffering, or loss of enjoyment of life, among other things.
The reason for workers’ compensation existing stems from the turn of the twentieth century. The only remedy that injured workers had against their employers was to sue them for negligence in the event of an accident. If negligence couldn’t be proven, or a case was never raised, the employee was left empty handed. Because of this, workers’ compensation is seen as a trade off between employees and employers. A middle-ground between a lawsuit and gap in coverage.
However, employers are not free from suits entirely. If you were injured at work and you believe your employer intentionally caused you this harm, you can bring a suit for an intentional tort in civil court. Tort injuries include not only physical harms, but also non-physical injuries such as emotional and mental distress.
For help and information regarding personal injury cases and workplace injuries, call the professionals at The Decker Law Firm (757)622-3317 today.