Filing A Personal Injury Claim Outside Of Your Workers' Comp Claim
Posted on: 5 July 2018
A workers' compensation claim is supposed to be easier on an injured worker than a lawsuit — it's a no-fault system that provides medical care and some income while the worker is trying to recover.
However, sometimes that "easier system" ends up depriving injured workers of what they're really due, especially when an injury is serious. That's why some injury victims seek to file a personal injury lawsuit as well. If you've been injured at work, here's what you should know.
When is a personal injury lawsuit available alongside a workers' comp claim?
There are limited circumstances that allow you to bring a lawsuit outside of your workers' comp claim. In many cases, you can sue a third party for its part in your accident or injuries. Examples of when this is appropriate include:
- Motor vehicle accidents — If you were injured while driving a delivery vehicle or company car due to another driver's negligence, you can often pursue an independent injury claim against that other driver.
- Defective equipment accidents — If you were injured because a piece of machinery at work was poorly designed or made, you may be able to pursue a claim against the machine's manufacturer.
- Injuries due to shoddy repairs — If machinery malfunctioned because the company in charge of maintaining its repairs did a poor job, you might be able to sue the repair company.
- Exposure to toxic chemicals — If your injuries are related to toxic exposure, you may be able to sue the manufacturer or distributor of those chemicals.
- Loading company errors — If you drive a delivery truck, your company may rely on a loading company to fill your vehicle. If a loading error led to your injuries, you may have the right to sue the other company.
There are also a few circumstances where you can even sue your employer outside of workers' comp. They include:
- Battery — When you're injured due to an intentional act by your employer or a co-worker (when your employer failed to take appropriate precautions to ensure your safety), it might open the door to a lawsuit.
- Intentionally-inflicted emotional distress — When your employer purposefully traumatizes you or allows other workers to traumatize you in a particularly terrible way, you may have a viable case.
- Defamation — When your employer intentionally destroys your reputation through false information, you might have the grounds for a lawsuit.
What are the advantages of a personal injury claim over a workers' compensation claim?
Essentially, workers' compensation claims are very limited. They provide a portion of your income while you're off work and medical benefits. In some cases, they also provide retraining. However, they don't fully cover your lost income. They also provide nothing for your pain and suffering — which can be tremendous. In addition, if the actions of a third party or your employer are particularly awful and show a serious disregard for your safety and well-being, the court can impose punitive damages on top of any actual damages.
All of those things can significantly increase the value of an injury claim — which can be essential if you're looking at a reduced quality of life, years of suffering, and a significant impact on your close family members as well.
Workers compensation lawyers understand the importance of lawsuits outside the workers' comp system and can guide you about whether or not your case is eligible. If workers' comp doesn't seem like nearly enough for your injuries, raise the question of a personal injury claim with your lawyer.
For more information, reach out to a professional, like those at Neifert Byrne & Ozga.
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