What
is the difference between a personal injury lawsuit and a Workers'
Compensation claim?
Workers' compensation claims are generally distinguished from all other types of personal injury claims. Personal injury claims can arise under the Jones Act, for workers on ships; involve defective products; car accidents; medical malpractice and other negligence claims. Many times these cases require that the injured person prove that the defendant was at fault in causing his or her injuries, and the defendant often tries to prove that it was the injured person's fault. Fault is irrelevant in a workers' compensation case. Even if the employee negligently caused his or her own injury, if it was work-related, he or she is entitled to workers' compensation benefits. Filing a claim for workers' compensation benefits is not a lawsuit.
Oftentimes, an injury that is recoverable under the Workers' Compensation Act will also be recoverable against a third party in a civil lawsuit. Accordingly, it is recommended that an injured employee hire an attorney who is also familiar with personal injury laws, so that these other claims can be recognized and properly coordinated with the workers' compensation claim.
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