If you have been injured on the job, you likely know about workers' compensation benefits. But did you know that in many cases, you may also be entitled to file a personal injury claim? Understanding the difference between these two types of claims — and when you can pursue both — is crucial to maximizing your recovery.
Workers' Compensation: The Basics
Workers' compensation is a no-fault insurance system that provides benefits to employees who are injured on the job, regardless of who was at fault. Benefits typically include medical treatment for your work-related injury, temporary disability payments (usually two-thirds of your average weekly wage), permanent disability benefits if your injury results in lasting impairment, and vocational rehabilitation if you cannot return to your previous job. The trade-off is that workers' compensation generally prevents you from suing your employer directly.
Personal Injury Claims: The Basics
A personal injury claim is a legal action against a party whose negligence caused your injury. Unlike workers' compensation, you must prove that someone else was at fault. However, personal injury claims allow you to recover a broader range of damages, including full lost wages (not just two-thirds), pain and suffering, emotional distress, loss of enjoyment of life, and punitive damages in cases of egregious negligence.
When Can You File Both?
In many workplace injury situations, you can file both a workers' compensation claim and a personal injury lawsuit. This is possible when a third party (someone other than your employer) contributed to your injury. Common scenarios include car accidents while driving for work (you can sue the other driver), injuries caused by defective equipment (you can sue the manufacturer), injuries on someone else's property (you can sue the property owner), and injuries caused by a subcontractor on a construction site.
Why Filing Both Matters
Filing both claims can significantly increase your total recovery. Workers' compensation provides immediate benefits to cover medical bills and lost wages, while a personal injury claim can provide additional compensation for pain and suffering and other non-economic damages that workers' comp does not cover. An experienced attorney can help you navigate both systems simultaneously to maximize your overall recovery.
How SettleWell Can Help
Workplace injury cases involving both workers' compensation and personal injury claims require specialized legal knowledge. SettleWell's network includes attorneys who are experienced in both areas and can develop a comprehensive strategy to maximize your recovery. Contact us for a free case evaluation to understand all of your options.