Understanding Workers’ Compensation and Personal Injury Claims

Differences Between Workers’ Compensation Claims and Personal Injury Lawsuits Can Impact How Much Compensation Victims May Receive

Millions of people are injured in the workplace every year. According to the Bureau of Labor Statistics, “Private industry employers reported 2.6 million nonfatal workplace injuries and illnesses in 2023, down 8.4 percent from 2022, the U.S. Bureau of Labor Statistics reported today. This decrease was driven by a 56.6-percent drop in illnesses to 200,100 cases in 2023, the lowest number since 2019.” Millions more are injured outside of work in car crashes and various other accidents. In both cases, victims will typically be able to pursue injury claims. However, there are some noteworthy differences between workers’ compensation claims and personal injury lawsuits.

Key Difference #1: Demonstrating Fault

Personal injury claims require that one party demonstrate that another party was at fault or acted negligently. Comparative or contributory negligence can reduce the amount of compensation that accident victims are able to receive. For car accident cases, a driver may have acted negligently in a number of different ways.

• A driver may have failed to slow down to avoid hitting another vehicle.
• A driver may have gone past a yield sign without yielding.
• A driver may have operated their vehicle under the influence of alcohol or drugs.
• A driver may have committed a traffic infraction before hitting another vehicle.

Workers’ compensation claims do not require that one party demonstrate another party was negligent. In other words, a worker may still be able to receive benefits through the workers’ compensation system regardless of who or what caused their accident. Workers’ compensation operates off of a no-fault insurance scheme.

Key Difference #2: Available Damages

There are differences in the types of compensation available in worker’s compensation claims and personal injury lawsuits. In a personal injury claim, accident victims will typically be able to recover for non-economic damages. This will normally include pain and suffering and emotional distress.

By contrast, workers’ compensation claims typically limit available damages to medical expenses, lost wages, and disability benefits. Injured workers are typically not able to receive damages for pain and suffering.

Key Difference #3: Ability to Sue

Another major difference between personal injury claims and worker’s compensation claims is the ability for the victim to sue. Accident victims are typically able to sue the person that injured them in a civil court. As a general principle, injured workers are not able to sue their employers if they are injured on the job. However, there are some situations where workers are able to sue if they get injured on the job.

• Third-Party Claims: In certain cases, an injured worker may be able to file a lawsuit if they were injured by a third party while on the job. This could include situations where a worker is injured by a negligent driver while operating their vehicle.
• Defective Products: An injured worker may be able to sue if they were harmed by a defective product in the workplace.
• Intentional Misconduct: An injured worker may be able to sue if they were harmed by their employer’s intentional misconduct. This might include situations where an employer pushes their worker down a flight of stairs.

Workers’ compensation claims are pursued through an administrative process. This functions very different from a lawsuit. Claims may go through a state agency, and they may involve hearings. But there won’t be a trial in the same way that may happen in a personal injury claim. One of the advantages of a worker’s compensation claim is that they typically resolve more quickly due to their streamlined administrative process.

Getting Legal Help After Being Injured

In certain cases, an injured worker may be able to pursue a workers’ compensation claim and a third-party liability claim at the same time. This can substantially increase the amount of compensation available to victims. It is important that all accident victims consult with an experienced attorney who can help them go over their legal options.

Have you or someone that you care about been injured in New York? You may be entitled to financial compensation. Our team of personal injury and workers’ compensation attorneys is here to help in any way that we can. We care deeply that accident victims get the support and justice that they are entitled to under the law. Whether you just have legal questions or need any type of support, we are here for you. You can reach out to us anytime at (516) 908-9792.