According to the National Safety Council, there were more than 4.5 million work-related injuries in the United States in 2022 that required medical attention. These are in addition to almost 4,700 preventable deaths in the workplace.
In many cases, workers’ compensation covers these situations, but not all of them. Some injuries or wrongful deaths related to employment fall under personal injury claims. There are subtle yet important distinctions between the two.
If you have been impacted by a job-related injury or illness, keep reading for advice from a workers’ compensation lawyer with experience in personal injury cases. The information below explains the different avenues for compensation and will help you decide which applies to your circumstances.
What Is Workers’ Compensation?
Workers’ compensation is a type of insurance that provides financial assistance for employees who become injured or ill. There also are workers’ compensation benefits for dependents of employees who are killed on the job.
Workers’ comp pays for expenses related to medical treatment for injuries or illnesses. It covers lost wages or expenses related to retraining for skills needed for work. It also can provide compensation for workers who experience permanent injury and can no longer work.
Most businesses are required to carry workers’ compensation insurance. This includes full-time, part-time, and seasonal workers. It also extends to workers who are not American citizens, such as green card holders.
Exceptions for workers’ comp requirements can vary by state. In California, for instance, businesses do not have to cover independent contractors or volunteers.
Some states exempt small businesses under a certain number of workers, although California is not one of them. (If you are a sole proprietor with no employees, you do not have to cover yourself though).
What Are Personal Injury Claims?
Personal injury refers to a field of law that pertains to seeking compensation for someone who has been harmed in some way. Specifically, the injury is a result of negligence or intentional actions of another party.
While it can include employees injured on the job, it has a much broader scope. Common examples include:
- Auto accidents
- Drunk driving
- Slip and fall accidents
- Product liability
- Medical malpractice
For instance, if a doctor misdiagnoses an ailment that leads to severe illness or death, they may be susceptible to a personal injury lawsuit. A company that knowingly makes a product that harms people could be liable for the harm. Someone who injures or kills a pedestrian or other driver could be sued under a personal injury claim.
What Are the Differences Between Workers’ Comp and Personal Injury Claims?
There are many differences between these two types of workplace injury claims. Here are the main ones to consider.
Eligibility
One of the most basic differences between workers’ compensation and personal injury is that the former must be within the scope of employment. If the injury is not related to a job, compensation would be sought through a personal injury claim.
Keep in mind that workers’ comp covers injuries sustained on the job as well as those that are a direct result of a workplace environment. For instance, an illness that arises from unclean air or an unsanitary workplace or getting into a car accident while driving for work would fall into this category. So would mental health issues that stem from a toxic work environment.
Purpose
As mentioned, personal injury claims relate to negligence or wrongful actions of another party. Workers’ comp is designed to compensate employees for injuries or illnesses sustained on the job, but there does not have to be an at-fault party.
For instance, if a supervisor fails to secure an area and someone is injured as a result, that would likely result in a personal injury claim. However, if an employee is injured under normal working circumstances and all safety precautions were followed, that is likely a workers’ comp issue.
Application and Appeals Process
One of the biggest differences between workers’ compensation and personal injury claims is the processes through which the injured party seeks compensation. With workers’ comp, the employee informs their employer of the harm.
This could include submitting documentation, medical reports, and witness statements. The employer (not the employee) then files a workers’ compensation claim with the insurance carrier.
The insurance company then conducts an evaluation. If they approve the claim, they will issue a settlement to the employee.
Note that, simply because workers’ comp involves insurance does not mean a lawyer cannot be involved. In many instances, hiring an experienced workers’ comp attorney can be helpful in understanding the legal rights of employees. It also will improve your chances of winning an appeal, should the claim be denied.
Personal injury claims are adjudicated in a court of law. This involves many steps, including gathering evidence and filing a lawsuit. There is a “discovery” phase, where both pirates exchange documents and depose witnesses.
During this time, there can also be various motions and out-of-court settlements. If the case proceeds to trial, both sides are given a chance to present evidence to a jury or judge, before a verdict is rendered. In most cases, the losing party also has the opportunity to appeal.
While it is technically possible to do this on your own, it is inadvisable. You should enlist the services of an experienced personal injury lawyer to help navigate the complexities of the legal system and ensure the success of your case.
Benefits
As mentioned, workers’ comp covers medical expenses, lost wages, and disability benefits. Personal injury claims can be much more expansive.
For instance, they can extend to “pain and suffering.” This includes mental anguish or the loss of companionship (in wrongful death cases).
It can also include punitive damages. These are in addition to compensation for the harm and are meant to punish a company or individual who was egregiously negligent or intentional in their wrongdoing.
Find a Workers’ Comp or Personal Injury Lawyer Near You
Understanding the differences between these two types of safety nets for workers is vital to achieving a positive outcome. An experienced workers’ compensation or personal injury attorney can further advise you on the best course of action based on your circumstances.
At Solimon Rodgers, our attorneys have decades of combined workers’ comp and personal injury experience and helped many residents in Pomona and throughout California get the compensation they deserve. We will work tirelessly and fight for you as well and guide you on which claim is best suited for your unique situation. Contact us today at (844) 774-3577 to discuss your case with a skilled personal injury and workers’ compensation lawyer.
