When workers suffer injuries on the job, they face several challenging questions. Who will cover the medical expenses? How long will they be unable to work? Can they recover the lost wages?
Thankfully, following a workplace accident, injured workers have a variety of legal options to pursue compensation. While workers’ compensation is the most well-known option, additional claims may be available.
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What Distinguishes Workers’ Compensation from Personal Injury Claims?
Understanding the full scope of your legal rights is essential if you have been hurt on the job. With the help of construction accident lawyers, you may have different options to file a claim after your workplace injury. But it is vital to know the different rules that apply, the process that is involved, the irregular time limits, and more.
Liability
One of the main differences between a personal injury lawsuit and a workers’ compensation claim is the question of fault. Workers’ compensation is a no-fault system. You are not required to prove that your coworker and employer caused your injury to claim benefits.
Because of this, personal injury lawsuits involving accidents at work typically have to be filed against unrelated parties. Liable parties could be the maker of a faulty product or the owner of the building where you work.
Damages
Another main difference between personal injury and workers’ compensation is the compensation that you may be able to recover. Benefits from workers’ compensation for the following losses:
- Medical costs for therapy and recovery
- The equivalent of two-thirds of your lost income (up to a statutory maximum)
- Benefits for permanent partial, or total disability if your injury keeps you from working for the rest of your life
- Sick leave reimbursement (coverage for costs incurred when traveling for medical attention)
You may, however, request reimbursement for all losses associated with your work-related injury in a personal injury claim. This covers other non-economic damages such as pain and suffering, as well as past, present, and future medical costs, lost wages, loss of earning capacity, and other economic losses.
Process
When an employer is notified regarding an injury in the workplace, the employer must report the accident to their workers’ compensation insurance carrier. Also, you need to notify the concerned authorities.
After examining the claim, the insurer will decide what benefits, if any, the employee is eligible for. Workers have the right to file an appeal if their claim is rejected. You might have to attend mediation before the hearing (a non-formal meeting where both sides try to reach an agreement). You can get help from an experienced attorney with your workers’ compensation claim in other areas, such as the appeals process and mediation.
Statute of Limitations
There are deadlines for both personal injury and workers’ compensation claims. If you do not file a lawsuit within the allowed time, you will typically forfeit your right to compensation.
Claims for workers’ compensation must be made within two or three years of the work injury. A more urgent deadline, though, is approaching: employees must inform employers of any accidents that result in injuries within 30 days.
In contrast, there is a three-year statute of limitations for personal injury claims. Even though you have longer to bring a lawsuit against the negligent party or parties accountable for your injuries, it’s crucial to begin collaborating with a knowledgeable legal representative right away.
Do I Need to Decide Which Claim(s) to File?
You can pursue a personal injury claim in addition to filing a workers’ compensation claim (or vice versa). Not everyone will be able to sue, even though the majority of people who are hurt at work have a valid claim for workers’ compensation benefits.
After a workplace accident, it’s important to look into your rights and legal options as soon as possible. If negligence plays a role, an experienced attorney can assist you in pursuing workers’ compensation benefits and constructing a case against one or more responsible parties.
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