Personal Injury and Workers’ Compensation

Workers’ Compensation vs. Personal Injury

There are several key differences between a workers' compensation claim and a personal injury suit.

Workers’ Compensation

Workers’ compensation applies to an injury that occurred on the job. The only proof required to file a workers’ compensation claim is that the injury occurred on the job while performing duties related to your position. You can receive workers’ compensation benefits regardless of whether your injury was the result of your or someone else’s negligence, such as your employer or a coworker.

Benefits are usually paid within a week of the injury, and include compensation for medical expenses related to the injury, reimbursement of a percentage of your wages, and more.

Filing a workers’ compensation claim eliminates your ability to sue your employer or coworker for personal injury later on. Additionally, workers' compensation benefits do not include compensation for “pain and suffering.”

Personal Injury

A personal injury suit can be brought against anyone whose negligence caused you injury; however, you must be able to prove that the other person was at fault or negligent. Personal injury damages usually include compensation for property damage, medical expenses, lost wages, pain and suffering, reduced quality of life, and more.

A personal injury lawsuit often results in larger awards than a workers’ compensation claim, but there is also the potential to lose the case. One drawback of pursuing a personal injury lawsuit is that you must wait for a settlement or the conclusion of litigation before you receive your compensation.

Overlap of Personal Injury and Workers’ Compensation

In certain instances, an employee may file both a workers’ compensation claim and a personal injury lawsuit. If your injury occurred at work, and was also the result of negligence by a third party, you can file a personal injury lawsuit against that third party.

This third party may include manufacturers of defective products, malfunctioning equipment, or toxic substances. In very limited circumstances, you may be able to file a personal injury suit against your employer or coworker if:

• Your injury was the result of intentional and heinous conduct by your employer or coworker.
• Your employer is not required to carry workers’ compensation insurance.
• Your employer is required to carry workers’ compensation insurance, but has failed to do so.

Settlement of Personal Injury and Workers’ Compensation Cases

If you file a personal injury suit against a third party while you are receiving workers’ compensation benefits, the workers’ compensation insurance company may place a lien on your file. This means that the company claims a right to a portion of any proceeds from a personal injury settlement for reimbursement for certain expenses paid out through your benefits.

Gilbert Fisher has the drive and experience necessary to successfully resolve even the most complex cases involving workers' compensation and personal injury.

This is a very complex area of workers’ compensation and personal injury law, so it is crucial to work with an attorney who has extensive knowledge and experience in both areas.

If you receive a large settlement from your personal injury suit, a portion of that settlement will go to your attorney to cover his fees, and another portion will go to workers’ compensation to reimburse them for certain expenditures. You will receive whatever portion is left.

In some cases, workers’ compensation may file a lien so large that it would result in you receiving nothing—no benefits and no payout from your settlement. Attorney Gilbert Fisher can negotiate with the insurance company for a lower lien to ensure that you receive a fair settlement.

Schedule Your Consultation

If you were injured on the job as a result of negligence by a third party, contact Attorney Gilbert Fisher today to discuss the legal options available to you.

Gilbert Fisher has the drive and experience necessary to successfully resolve even the most complex cases involving workers' compensation and personal injury.