If you were injured at work, you may assume that workers’ compensation is your only option for recovering benefits. In many cases, it is the main source of support. However, some workplace injuries may also involve a personal injury claim.
Workers’ compensation and personal injury claims serve different purposes. They also provide different types of compensation. In some situations, an injured worker may be able to pursue both.
Understanding the difference can help you make better decisions about your legal options after a workplace accident.
What Is Workers’ Compensation?
Workers’ compensation is a no-fault insurance system for employees who suffer work-related injuries or illnesses. Most employers in Pennsylvania are required to carry workers’ compensation insurance.
You generally do not need to prove that your employer or another person caused the accident. If your injury occurred while you were performing job-related duties, you may qualify for benefits.
Learning about the different types of Pennsylvania workers’ compensation claims can help you understand what benefits may apply to your situation.
Workers’ compensation rules in Pennsylvania are administered through the Pennsylvania Department of Labor & Industry.
Workers’ compensation benefits may include:
- Medical treatment related to the work injury
- Wage loss benefits when the injury prevents you from working
- Specific loss benefits for certain permanent injuries
- Death benefits for eligible family members after a fatal workplace accident
In exchange for these benefits, employees generally cannot sue their employer for a workplace injury. However, a claim against another responsible party may still be possible.
What Is a Personal Injury Claim?
A personal injury claim is usually filed against a person, business, or other third party whose negligence caused an injury.
Unlike workers’ compensation, a personal injury claim usually requires proof that another party acted negligently and that the negligence contributed to the injury.
Examples may include:
- Unsafe property conditions
- Defective products
- Motor vehicle accidents
- Failure to follow safety rules
- Negligent maintenance of equipment
A successful personal injury claim may provide compensation that is not available through workers’ compensation.
It is also important to understand that a workers’ compensation insurance carrier may have a lien against money recovered through a third-party claim. The way that lien is handled can affect the final recovery.
Key Differences Between Workers’ Compensation and Personal Injury Claims
Fault
Workers’ compensation usually does not require proof that someone caused the accident. An employee may qualify for benefits even when no one was legally at fault.
A personal injury claim is different. The injured person generally must prove that another party’s negligence caused or contributed to the injury.
Available Compensation
Workers’ compensation provides specific benefits under Pennsylvania law. These benefits are focused mainly on medical care, wage loss, and certain permanent injuries.
A personal injury claim may allow an injured person to pursue additional damages, including:
- Full lost wages
- Future loss of earning capacity
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
- Medical expenses
Because personal injury claims may include damages for pain and suffering, the types of compensation available can be broader than workers’ compensation benefits alone.
Who Is Responsible?
Workers’ compensation benefits are generally paid through the employer’s workers’ compensation insurance carrier.
Personal injury claims are brought against a negligent third party. This may be a driver, property owner, contractor, equipment manufacturer, or another person or company that contributed to the injury.
When Can an Injured Worker File a Personal Injury Claim?
Many workplace injuries are handled only through workers’ compensation. However, a separate personal injury claim may be possible when someone other than the employer caused the injury.
Common examples include the following.
Motor Vehicle Accidents While Working
If you are injured in a car accident while making deliveries, traveling between job sites, or performing other work duties, workers’ compensation benefits may apply.
If another driver caused the crash, you may also have a personal injury claim against that driver.
Construction Site Accidents
Construction sites often include several contractors, subcontractors, vendors, and equipment suppliers.
If another company or contractor causes an injury through negligence, the injured worker may have a third-party personal injury claim in addition to workers’ compensation benefits.
Defective Equipment or Machinery
A workplace injury may also involve defective tools, machinery, safety equipment, or vehicles.
Potential examples include:
- Defective tools
- Malfunctioning machinery
- Unsafe safety equipment
- Faulty vehicles
Depending on the facts, a manufacturer, distributor, designer, or another company may be responsible.
Unsafe Property Conditions
Some employees work on property owned by another business or property owner.
If a dangerous condition causes an injury, such as an unsafe walking surface, falling hazard, or poor maintenance, the property owner may be responsible for the accident.
Can You Pursue Workers’ Compensation and a Personal Injury Claim at the Same Time?
In some situations, yes.
For example, a delivery driver injured by a negligent motorist may receive workers’ compensation benefits through the employer while also pursuing a personal injury claim against the at-fault driver.
The workers’ compensation claim may provide medical and wage loss benefits. The personal injury claim may allow the worker to seek additional damages that workers’ compensation does not cover.
Because the two claims can affect each other, it is important to understand how benefits, settlements, and insurance liens may interact.
Why the Difference Matters
Many injured workers assume that workers’ compensation is their only source of recovery after a workplace accident.
That is true in many cases. However, some injuries involve a negligent third party and may create additional legal options.
Failing to identify a possible third-party claim could mean giving up the opportunity to recover compensation that is not available through workers’ compensation alone.
Understanding both types of claims can help you make more informed decisions about your rights and financial recovery.
Speak With Stark Law Group About Your Workplace Injury
Every workplace injury is different. Depending on how the accident happened, you may have rights under Pennsylvania workers’ compensation law, personal injury law, or both.
If you were injured while working and have questions about your legal options, Stark Law Group can help you understand the difference between workers’ compensation and personal injury claims.
Contact Stark Law Group to discuss your workplace injury and learn which options may apply to your situation.