Getting hurt on the job can be stressful, both physically and financially. Many workers assume that a work injury automatically means filing a workers’ compensation claim, but in some situations, a separate personal injury claim may also be possible. Understanding the difference between the two can help you make sure you are pursuing all the compensation you may be entitled to. A Morgantown, WV workplace injury lawyer can help you understand the difference between workers’ compensation and a potential personal injury claim and determine what options may be available based on the circumstances of your injury.
How Workers’ Compensation Works
Workers’ compensation is a type of insurance that most employers are required to carry. It generally provides benefits to employees who are injured on the job, regardless of who was at fault for the accident. These benefits typically cover medical treatment related to the injury and a portion of lost wages while the employee recovers.
In exchange for these guaranteed benefits, employees generally give up the right to sue their employer directly for the injury, even if the employer’s negligence contributed to the accident. This is often referred to as the “exclusive remedy” rule.
When a Personal Injury Claim May Also Apply
While workers’ compensation usually prevents a lawsuit against your employer, there are situations where a separate personal injury claim against a third party may be possible. This can happen when someone other than your employer contributed to your injury. Examples include a defective piece of equipment or machinery, a negligent driver who caused an accident while you were working, or a subcontractor on a job site who caused unsafe conditions.
In these situations, an injured worker may be able to pursue workers’ compensation benefits and a separate personal injury claim against the responsible third party.
Key Differences Between the Two
Workers’ compensation does not require proving fault, but it also does not provide compensation for pain and suffering. Benefits are typically limited to medical expenses and a portion of lost wages, based on set formulas. A personal injury claim, on the other hand, requires proving that another party was negligent, but it can provide broader compensation, including pain and suffering, full lost wages, and other damages not covered by workers’ compensation.
What to Do After a Workplace Injury
Report the injury to your employer as soon as possible. Most states have strict deadlines for reporting workplace injuries, and failing to report promptly can jeopardize your claim. Seek medical treatment and follow the treatment plan provided by your doctor. Keep records of all medical visits, treatments, and any time missed from work.
If you believe a third party, such as a contractor, equipment manufacturer, or another driver, may have contributed to your injury, it is worth having your case reviewed to determine whether an additional claim may be available.
Common Workplace Injuries
Workplace injuries can range from minor strains to serious, life altering harm. Common examples include falls from heights, injuries from heavy machinery, repetitive stress injuries, exposure to hazardous materials, and vehicle accidents that occur while performing work duties.
The Bottom Line
Workers’ compensation provides an important safety net for employees injured on the job, but it does not always cover the full extent of a worker’s losses. Understanding when a separate personal injury claim may apply can make a significant difference in the compensation an injured worker is able to recover. If you were injured at work and believe another party may be responsible, contact Hayhurst Law PLLC to discuss your situation and learn whether you may have a separate personal injury claim.
