When you’re injured, you deserve the treatment, time, and compensation that you need to recover. For most Americans, these generally come through one of two primary routes. The first — which covers accidents in the workplace — is the workers compensation system. The second is the personal injury law system.
How are these two routes similar? In what important ways do they differ? Here’s what every injured person needs to know.
How Are Workers Comp and Personal Injury Claims Similar?
These two methods of seeking compensation are inextricably linked. This is because workers compensation claims are a type of personal injury claim. They often cover many of the same types of injuries, treatments, and income losses. Of course, in the case of workers comp, the claim is made against just one party: your employer.
In both processes, you also have many rights. You have the right to make a claim, even if the insurance holder tries to dissuade you. You generally have the right to choose your own providers. You have rights to a fair process and to appeal findings with which you disagree. And you have the right to legal representation to protect your other rights.
How Are Workers Comp and Personal Injury Claims Different?
There are many more ways that workers comp and personal injury cases differ, though.
One of the differences that can help the worker most is that fault is a nonissue for workers compensation. If you are injured in the course of your employment — whether or not the employer did anything negligent — you can pursue a claim and compensation. With personal injury, your first hurdle is to demonstrate that the defendant was at fault through negligence or intentional actions.
A second key difference is what the claim compensates for. Personal injury cases seek to make the victim whole. This means that their goal is not only to get the person needed treatment and pay for financial losses. It’s also to compensate for things like future lost earning capacity, emotional or mental trauma, loss of personal relationships, or accommodations needed for long-term injuries.
On the other hand, workers compensation’s goal is to provide a weekly paycheck to make up for lost wages from your injury, to get you the treatment you need, and to help you get back to work — either in your current position or a different one. You generally don’t get compensation for things like pain and suffering, loss of consortium, or punitive damages to the employer.
Finally, workers compensation cases are much more limited as to who you can sue. The workers comp claim is not a case, per se, but rather a claim against the employer’s insurance. When you are subject to this insurance, you generally cannot also sue your employer or your co-workers. In personal injury law, you can make multiple insurance claims and sue as many parties as may be liable.
Can You Make Both Claims Against an Employer?
As mentioned, workers compensation law generally protects the employer from a costly lawsuit. This is part of its role as a compromise between labor and industry interests. However, this doesn’t necessarily mean you can never seek additional compensation.
There are a few exceptions to the workers compensation rules about suing an employer. Certain types of workers — most notably, those on a boat or ship and those involved in interstate railroads — are not covered by workers compensation. These workers may be able to sue for their injuries.
In addition, a category of workers known as independent contractors is also often not subject to workers compensation. These are people who work for a company but are not paid through payroll. Some independent contractors do not understand their labor status. They may be retroactively added to workers compensation or allowed to proceed through personal injury cases if they have been misclassified.
Finally, you may be able to sue your employer if they acted intentionally or maliciously. This isn’t as common, of course, and it requires a very good case. But this type of intentional behavior can extend to an employer who intentionally chose not to carry workers compensation coverage.
Can You Sue Someone Else?
A more common route is to sue someone other than your employer. This could be the manufacturer of a defective piece of equipment, the owner of a leased property, a customer who assaults an employee, or the owner of a dog that bites a delivery driver. These cases proceed independently of your workers compensation case, although one insurer may be reimbursed from your proceeds.
Where Should You Start?
Clearly, navigating the workers compensation insurance system and personal injury legal system can be confusing. The best place to begin is in a consultation with Siben & Siben LLP. We’ve assisted injured New York workers since 1934. Call today to make an appointment and learn how we can help you too.