Many workers believe that their only avenue of compensation following an injury is through workers’ comp. However, you actually have quite a few options to pursue, as shared below.
Workers’ Compensation Claims
Workers’ compensation is a form of insurance that is implemented to protect both businesses and their employees in the event of a serious or catastrophic workplace injury or work-related illness. The insurance helps by providing compensation for wage replacement, medical treatment, vocational rehabilitation, funeral expenses, and other non-punitive damages. In short, they protect a worker from the devastating total loss of income during a time when they may be suffering from a serious injury.
Workers’ comp is considered to be the simplest, most straightforward method of obtaining compensation for your injury. It is also a “no-fault” claim, which means that the benefits are available to you even if the accident may have been fully or partially your fault. However, it’s crucial to keep in mind that workers’ compensation comes with some very important caveats:
- It does not cover emotional trauma, mental distress, or “pain and suffering” claims.
- Upon accepting workers’ comp, you forfeit all future rights to sue your employer in a personal injury lawsuit for that particular accident.
- Reimbursement is often based on only the medical expenses deemed absolutely necessary and a partial percentage of your previous earnings. In short, this means that you may not receive the compensation needed to support yourself.
In conclusion, workers’ compensation is best for minor or moderately severe injuries but may not always be the best route for catastrophic injuries.
Personal Injury Claims
A personal injury claim is viable if a workplace injury is the direct result of another party’s negligence or intentional decision, unlike workers’ comp claims which are considered “no-fault.” This method pursues compensation directly from the responsible party for lost wages, medical bills, ongoing medical needs, pain and suffering, and possibly more. However, you and your attorney will have to successfully prove that the opposite party is responsible for your injury or the claim may fail.
Not all personal injury claims are directed at your employer as being directly responsible for your workplace injury. Here are two additional personal injury claim options that could apply instead:
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Product Liability Claims are available to those injured as a direct result of defective equipment in which the equipment manufacturer is the responsible party. Manufacturers are expected to ensure that all products are tested for safety and accuracy before sending them to the market. Failing this, the manufacturer will have to assume responsibility for any injuries caused by mislabeled, unlabeled, or defective products.
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Third-Party Claims can be pursued when a workplace injury results from the actions of an individual or company that is not your direct employer. These claims can be against contractors, architects, engineers, property owners, etc., in the event that one or more of these parties did not follow or provide adequate safety measures. This includes providing signage for hazards, planning and designing with safety standards in mind, ensuring employees are appropriately educated in safety protocols, and performing proper maintenance on all areas under their jurisdiction.
