Martin Chitwood: Worker’s Compensation Vs. Personal Injury Claim, A Legal Difference

Worker’s compensation can also award benefits to survivors of a worker who was killed on the job.

In almost all cases, if a worker accepts worker’s compensation benefits, they are waiving their right to sue the company for personal injury. Only in very specific circumstances are there exceptions to this rule.

Worker’s compensation cases may or may not involve the services of an attorney. A settlement conference will be held before a worker’s comp case, and if a settlement isn’t reached during the conference, the case will be set for a hearing before a judge.

Personal Injury Claims

Unlike worker’s compensation, which is an insurance policy available to a company’s employees, a personal injury lawsuit can be filed by anyone. If the person is to receive damages, they must prove that another person or a company was at fault, or was negligent, resulting in the injury. They must also prove the amount of damage resulting from the injury, and request payment from the defendant for medical expenses, pain and suffering, lost wages, and other consequences of their injury.

The injury in question can occur anywhere and is not limited to any particular location. Personal injury lawsuits can be related to auto accidents, slip and fall accidents, dog bites, or injuries suffered in a workplace that can be proven to have been unsafe or dangerous.

Hence, it’s essential to enlist the aid of a personal injury attorney who is experienced and knowledgeable in dealing with the particular type of case you have. A skilled attorney can help you navigate the legal system and ensure that you receive the compensation you deserve for medical expenses, lost wages, and pain and suffering. Choosing the wrong attorney or attempting to go it alone can result in missed opportunities, missed deadlines, and possibly an outcome that is less favorable to you.

Personal injury cases can commence right after the injury occurs, but they may also start at any time before the statute of limitations expires. An attorney is almost always necessary for a successful personal injury case, and while worker’s compensation claims are often settled relatively quickly, personal injury cases can take years.

Do Worker’s Compensation and Personal Injury Claims Overlap?

There are a few situations in which a person may be seeking both worker’s compensation, and a personal injury lawsuit. In most cases, worker’s compensation allows the injured person to receive monetary awards without the need for litigation.

However, an injured worker may also be able to bring forth a personal injury case if:

• The injury was caused by a defective product, and a product liability lawsuit may be brought against its manufacturer;
• The injury was caused by exposure to a toxic substance, in which case a toxic tort lawsuit may be brought against the manufacturer of said toxic substance;
• The injury occurred as a result of the employer’s intentional or egregious conduct;
• The injury occurred in a workplace where the employer either was not required to carry worker’s compensation insurance, or where they were required, but failed to do so;
• The injury was caused intentionally by an employer or a fellow employee;
• The injury was caused by the negligence of a third party other than an employer or co-worker.

The Role of Fault

In a worker’s compensation claim, it’s not necessary to determine who was at fault for the injury. Fault only comes into play if the injured employee claims that the injury was caused intentionally by a co-worker or employer, or if they claim that the employer has violated workplace safety regulations.

In personal injury lawsuits, however, fault plays a central role. For the injured person to receive any monetary compensation, it must be proven that the entity being sued was at fault. If fault cannot be proven, liability cannot be proven, even for a very serious injury.

Worker’s Compensation, Personal Injury Claims, And You

As a nurse, you may occasionally treat patients who are involved in either a worker’s compensation claim or a personal injury lawsuit. For the latter, there’s occasionally a possibility that you or another medical professional could be called into court to testify, potentially quite some time after you actually treated the patient. These can be long, drawn-out court battles.

It’s also important to know about worker’s compensation and personal injury claims because, as a nurse, you too could get injured on the job. Nurses are routinely exposed to dangerous pathogens, patient assaults, and the risk of musculoskeletal injuries. According to the US Bureau of Labor Statistics, around 1 in 50 nursing assistants and orderlies suffer a disabling job-related musculoskeletal injury every year. You could very well find yourself in a position where you need to either collect worker’s compensation, or sue your employer for creating an unsafe workplace environment. It’s a very real job risk.

You can connect with Martin Chitwood by visiting his official website for more information, or via social on Linkedin, Facebook or Twitter page.