If you are injured at work, you may assume that Workers’ Compensation is your only option. But depending on how your injury happened and who was responsible, you may have the right to pursue both Workers’ Compensation benefits and a personal injury lawsuit.
Understanding the difference between these types of claims, and knowing when a third party may be responsible, can make an important difference in your recovery.
Workers’ Compensation is a system designed to provide benefits to employees who are injured or become ill because of their work. In Pennsylvania, Workers’ Compensation generally provides benefits regardless of who was at fault for the workplace injury.
Depending on the circumstances, benefits may include:
One important feature of Workers’ Compensation is that you generally do not have to prove that your employer was negligent. An injury can be compensable even when an accident was caused by the employee’s own mistake.
However, Workers’ Compensation also limits the damages an injured employee can recover. Unlike a personal injury lawsuit, Workers’ Compensation generally does not provide compensation for pain and suffering.
A personal injury lawsuit is a claim against a person, company, or other third party whose negligence or wrongful conduct caused your injury.
For example, imagine a construction worker is injured when a piece of machinery malfunctions. The worker may be entitled to Workers’ Compensation benefits because the injury occurred on the job. But if the machinery was defective, the worker may also have a product liability claim against the manufacturer or another responsible third party.
A successful personal injury claim may provide compensation for damages such as:
This is one of the most important distinctions for an injured worker to understand.
In many workplace accidents, Workers’ Compensation may be the primary source of benefits. Pennsylvania generally restricts employees from suing their employers directly for workplace injuries because of the Workers’ Compensation system.
But someone other than your employer may also be legally responsible for your injuries.
These are often referred to as third-party claims.
For example:
If you are injured while working because another driver’s negligence causes a crash, you may be entitled to Workers’ Compensation benefits while also pursuing a personal injury claim against the at-fault driver.
If you are injured while operating a defective machine at work, you may have a Workers’ Compensation claim as well as a product liability claim against the manufacturer or another responsible party.
Construction sites frequently involve multiple companies, contractors, subcontractors, property owners, and equipment manufacturers. If another company’s negligence causes your injury, you may have a personal injury claim in addition to Workers’ Compensation benefits.
If you are injured while working on property owned or controlled by someone other than your employer because of a dangerous condition, a premises liability claim may be possible.
The distinction matters because Workers’ Compensation and personal injury claims serve different purposes.
Workers’ Compensation can provide important benefits relatively quickly, including medical treatment and wage-loss benefits. But those benefits may not fully compensate you for everything you have experienced because of a serious injury.
A third-party personal injury claim may allow you to seek compensation for damages that Workers’ Compensation does not cover, including pain and suffering.
At the same time, third-party lawsuits are more complicated because you generally must establish that another party was legally responsible for your injuries.
If you are injured at work, report the injury to your employer as soon as possible and seek appropriate medical attention. You should also preserve evidence that may help establish how the accident occurred.
If another person or company may have contributed to your injury, consider speaking with an experienced Workers’ Compensation and personal injury attorney before accepting a settlement or making statements about the accident.
Evidence can disappear quickly. Equipment may be repaired or discarded, accident scenes can change, and witnesses’ memories can fade.
A workplace injury can affect every part of your life. While Workers’ Compensation may provide important benefits, it may not be the end of the story.
At Galfand Berger LLP, we have represented injured workers and their families for decades. Our attorneys handle Workers’ Compensation and personal injury claims and can investigate whether someone other than your employer may be responsible for your injuries.
If you or a loved one has been seriously injured at work, contact Galfand Berger LLP for a consultation at 800-222-8792 or by email at [email protected]. We can help you understand your rights, identify potential sources of compensation, and determine what legal options may be available to you. You should not assume that Workers’ Compensation is your only option. We have offices in Philadelphia and Reading, PA, and serve clients in PA and NJ.
At Galfand Berger, our personal injury attorneys have been pursuing justice for injured victims throughout Pennsylvania and New Jersey for nearly 80 years.
