When a Workplace Injury Becomes a Personal Injury Case
Workplace injuries are a common occurrence, and while many workers are covered under workers’ compensation, there are situations where an injury can turn into a personal injury case. Understanding when a workplace injury crosses that line can help you decide whether to seek legal action beyond workers’ compensation. There are specific circumstances when a workplace injury lawyer may suggest pursuing a personal injury claim.
How Workers’ Compensation Factors in Workplace Injuries
Workers’ compensation is a no-fault insurance program that provides compensation for employees who are injured on the job. This system was designed to provide quick and efficient support for workers without the need to prove fault or negligence. However, workers’ compensation has its limits. It typically covers medical expenses, a portion of lost wages, and rehabilitation costs. But it does not account for pain and suffering or punitive damages, which may be available through a personal injury lawsuit.
In many cases, workplace injuries are handled through workers’ compensation, and that’s the end of the story. However, there are situations where an injured worker may feel that they deserve more than what workers’ compensation offers, especially if another party outside of their employer was responsible for the accident. In such cases, a workplace injury may evolve into a personal injury case.
When a Workplace Injury Turns into a Personal Injury Case
A workplace injury becomes a personal injury case when the accident is caused by the negligence or wrongful actions of a third party, such as a contractor, equipment manufacturer, or other non-employer individuals or businesses. In these cases, you might be able to pursue a personal injury lawsuit in addition to—or instead of—filing a workers’ compensation claim.
For example, if you are injured due to faulty equipment, a product defect, or unsafe working conditions created by a third party, you may be able to file a personal injury claim. Unlike workers’ compensation, a personal injury lawsuit allows you to seek compensation for pain and suffering, emotional distress, and other damages that are not covered by workers’ compensation.
Another situation where a workplace injury may become a personal injury case is when an employer acts recklessly or intentionally causes harm. Workers’ compensation is typically an employee’s exclusive remedy when the injury happens due to a simple accident or error on the job. However, if the employer’s conduct was grossly negligent or malicious, you may be able to bring a personal injury lawsuit against them.
For example, if an employer ignores safety regulations or orders employees to perform dangerous tasks despite knowing the risks, and you are injured as a result, this could constitute grounds for a personal injury claim. It’s important to note that the laws surrounding employer negligence can vary by state, so you will need to consult with an attorney to determine whether you have a valid claim.
The Benefits of Pursuing a Personal Injury Lawsuit
Our colleagues at Pioletti, Pioletti, & Nichols asserts that pursuing a personal injury lawsuit in addition to or instead of a workers’ compensation claim can provide several key benefits. Personal injury cases allow you to seek compensation for non-economic damages, which are not available under workers’ compensation. These include pain and suffering, loss of enjoyment of life, and emotional distress.
Moreover, if the third party responsible for your injury was negligent, you may be able to seek punitive damages. Punitive damages are awarded in some cases to punish the defendant for particularly reckless behavior and to deter others from acting similarly in the future. This is something that is not available through workers’ compensation.
If your injury was caused by a defective product or equipment, a personal injury lawsuit could allow you to seek compensation directly from the manufacturer or other responsible parties. This can help you recover a larger sum than what workers’ compensation would cover, especially if the injury is long-term or requires expensive treatment.
Taking the Next Legal Step After a Workplace Injury
Determining when a workplace injury becomes a personal injury case depends largely on the circumstances surrounding the accident. If a third party or your employer’s reckless behavior was involved, you may have grounds for a personal injury lawsuit. It is important to consult with an attorney who can review your case, provide guidance on your legal options, and help you understand what type of compensation you may be entitled to.
If you’ve suffered a serious workplace injury and are unsure whether you have a valid personal injury claim, taking the first step by consulting with a legal professional can help you understand your rights and potential for a larger recovery.