Individuals who are injured while working usually are be compensated through the worker’s compensation system, which covers medical bills, lost income and provides other limited benefits. Under worker’s compensation, it is not necessary to establish that anyone’s negligence caused the worker’s injury in order to receive benefits. However, sometimes a workplace injury can also result in another type of claim involving negligence — a personal injury claim.
When can a personal injury claim be filed after a workplace injury?
A personal injury claim may be filed after a workplace injury when others, besides the company employing the worker or other co-workers, are at fault. Some examples include the following:
- A third party is at fault: Another person or company, not the employer of the worker, may be responsible for the harm. For example, if a faulty equipment a negligent vendor or contractor or a property owner caused the harm, a personal injury lawsuit may be filed.
- Another driver is at fault: When a motor vehicle collision occurs involving a worker, another driver who is not employed by the worker’s company may be responsible.
A personal injury lawsuit might allow the injured worker additional recovery
Worker’s compensation benefits pay about two-thirds of a worker’s pay. Personal injury claims can involve much more significant compensation. These types of claims can also allow the injured worker to seek future lost income, pain and suffering and other compensation.