After an injury at work, many employees are left wondering about their next steps, including what lawsuit to file. While workers’ compensation covers lost wages and medical costs, there may be instances where pursuing a personal injury lawsuit makes more sense.
Workers’ compensation offers quick financial relief to workers injured at work, regardless of fault. However, the trade-off is that employees can’t sue their employers directly for additional damages. On the other hand, personal injury lawsuits open the door to greater compensation but require proof that another party’s negligence caused the injury.
Key differences
Knowing when each option applies can impact the outcome of your case. The major differences include:
- Fault and liability: In workers’ compensation claims, fault is not a determining factor. Workers are entitled to benefits even if their actions contributed to the accident. On the other hand, personal injury lawsuits hinge on showing beyond doubt that the injury is due to another person’s negligence. For example, if a worker is hurt by defective equipment manufactured by a third party, they might have grounds for a personal injury claim in addition to workers’ compensation.
- Damages covered: Workers’ compensation benefits cover a portion of lost wages, medical expenses and rehabilitation costs. However, they do not account for punitive damages or pain and suffering. A personal injury lawsuit allows for compensation covering economic and non-economic damages, providing a broader scope for recovery.
- Who can be sued: While workers’ compensation prevents employees from suing their employers, personal injury lawsuits often target third parties. For example, subcontractors, equipment manufacturers or negligent drivers involved in work-related incidents may be held accountable through a separate legal action.
Deciding between workers’ compensation and a personal injury lawsuit can be hard, especially when the injury involves multiple parties. Understanding the differences between the two options can help determine the best course of action.
Consulting with an experienced legal team can help clarify your rights, maximize your compensation and ensure no avenue for recovery is overlooked. If you have been injured at work, seeking legal guidance can make all the difference in the outcome of your case.
