What’s the Difference Between Workers’ Compensation and a Personal Injury Claim?

If you’ve been injured on the job, you might be wondering whether you should bring a workers’ compensation claim or a personal injury claim. It all depends on the details of your accident and who’s responsible, and a Columbus, OH Workers’ Compensation Lawyer can give you more insight based on the details of your situation.

What’s the Difference Between Workers’ Compensation and a Personal Injury Claim?

When an employer has workers’ comp, workers’ comp provides reimbursement for medical bills and a significant percentage of salary if the injured worker is unable to work for a time. Workers’ comp will also provide certain other benefits for very serious injuries, such as when an employee has to be retrained for a different job or, in rare cases, can’t return to any type of work ever again.

Employees are eligible for workers’ comp no matter who is responsible for their injury. Even if they are responsible for the accident that caused their injury, workers’ comp benefits still apply. The trade-off is that employees cannot bring a personal injury claim against their employer in the event of an accident.

What Makes Personal Injury Different?

A personal injury claim can be brought in most cases where you get injured outside of work, such as in a car accident or after a slip and fall on property. In a personal injury claim, you can claim for more than just what you get in workers’ comp. Not only can you claim reimbursement for your medical bills, but you can claim for the full value of your lost wages as well as for intangible benefits, such as pain and suffering.

Can You Ever Bring a Personal Injury Claim After a Work Injury?

Most of the time, no. If you were injured at work, but by a third party, such as by a customer or an independent contractor, then you may be able to bring a lawsuit against them. If your injury was due to equipment malfunction, and that equipment was being properly maintained and used in the right way, you may be able to bring a claim against the manufacturer of the equipment. But other than that, personal injury claims aren’t really a valid option.

What Other Options Are There?

VSSR

If you were injured because your employer has not been upholding state safety standards, you can file a Violation of Specific Safety Requirements. The state may then fine your employer, and you may get some compensation.

Intentional Tort

If you can show that your employer deliberately injured you or that your employer was aware of a problem and knew with “substantial certainty” that it would cause injury, you may be able to bring a claim. It’s very difficult to prove this, however.

Talk to a Columbus, OH Lawyer Right Away

If you’ve been injured on the job, it can be extremely complicated to get the compensation you’re owed. Talk to us right away at Barkan Meizlish DeRose Cox, LLP in Columbus, OH so we can advise you on the best course of action for your case.

Tags: Workers' Compensation
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