injury at work

When an employee gets hurt on the job, they will likely have numerous questions regarding their legal options, financial remedies, and ability to pay for their required medical care. However, if you are in this situation, you will not have to figure out this situation alone. Rather, with an experienced personal injury attorney fighting for your rights, you can have skilled legal helping you go after the compensation and justice you deserve.

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What Is Workers’ Compensation?

Workers’ compensation is insurance that provides employees with cash benefits and/or medical care if they are injured or become ill due to their job. However, in exchange for these benefits, employees give up their ability to sue their employer for financial damages, such as pain and suffering. Rather, their benefits are limited to lost income and medical bills paid by the insurance company.

What Is a Personal Injury Legal Claim?

A personal injury legal claim is a civil lawsuit filed against another party responsible for a person’s harm and losses. However, unlike a workers’ compensation claim, an accident victim will need to show that another person was responsible for the accident that caused their injuries. They will also have to show that the incident resulted in financial losses.

Yet, if you have a viable personal injury claim, you may be able to go after various types of financial damages, such as pain and suffering, and even punitive damages.

The Major Differences Between Workers’ Compensation and Personal Injury Claims

One of the major differences between workers’ compensation and a personal injury claim is that if you decide to file a personal injury claim, you must show that another person was responsible for your injuries. On the other hand, in a workers’ compensation claim, you do not need to show fault to pursue compensation.

However, there are other differences between these two legal concepts. Take, for example, the following:

Workers’ Compensation ClaimPersonal Injury Claim
Fault is not required to obtain compensationFault is required 
There are no benefits for pain and suffering and other compensation may be limitedYou can pursue various types of compensation
No right to sue Right to sue
Limited to employeesAny person can pursue a personal injury lawsuit

Can You File a Personal Injury Claim After Being Injured on the Job?

You will usually be limited to filing a workers’ compensation claim after being injured at work. However, there may be some exceptions to that rule:

  • If a third party injured you, you may be able to file a personal injury lawsuit against that person.
  • If your employer does not carry workers’ compensation injury, you may be able to file a personal injury lawsuit and sue your employer.
  • If a defective product harmed you, you may be able to file a lawsuit against the manufacturer of that product.

Contact Territorial Law, LLC, To Review Your Legal Options

If you were injured while working and are considering your legal options, reach out to an experienced personal injury attorney as soon as possible. At Territorial Law, LLC, our legal team can review what happened, determine what course of action you should pursue, and help you fight for every last dollar you deserve. Contact Territorial Law, LLC, today to review your case for free.