The intersection between workers’ compensation and personal injury cases is a complex area of law involving injured workers and workers. Both systems are designed to address different types of injuries, but in some cases, they overlap. Below, we will explore how these areas intertwine and what the implications are for injured workers.
Intersection Between Workers’ Compensation and Personal Injury Cases
What is the workers’ compensation system?
Workers’ compensation is a system designed to provide benefits to workers injured in the workplace, regardless of who was at fault for the accident. Benefits include medical care, loss of income, and disability compensation. In this system, workers give up the right to sue their employer for negligence in exchange for receiving these benefits, regardless of who is at fault.
What is personal injury law?
On the other hand, personal injury law allows victims to seek compensation for injuries caused by the negligence of other people or entities. This may include injuries in a car accident, in a public place, or in another setting outside of work. In this system, the victim can file a lawsuit against the responsible party and seek compensation for damages, including medical, lost wages, and pain and suffering.
How can these two systems be mixed?
Intersection occurs when a worker is injured on the job due to the negligence of a third party other than her employer. For example, if a delivery driver is involved in a car accident while making deliveries for his employer and the accident is caused by the negligence of another driver, the worker may be entitled to both workers’ compensation and a personal injury claim against the negligent driver.
In such cases, the worker may receive workers’ compensation benefits to cover their medical expenses and lost wages while pursuing a personal injury claim to seek additional compensation. However, it is important to consider that in some states, workers’ compensation may have the right to recover a portion of personal injury compensation if the worker is successful in their claim.