Although workers’ compensation claims and personal injury claims both provide compensation for injuries, there are stark differences.
Workers’ compensation (WC) is a “no-fault” system that provides benefits to employees who suffer a work-related injury or illness. Employees receive benefits without having to prove that their employer was negligent or at fault for their injuries. Texas is the only state that does not require private-sector businesses to carry WC insurance.
Typically, an employee cannot file a personal injury claim against their employer if their injury is covered by WC. There are a few exceptions, which we’ll get to later.
WC provides for medical expenses, partial lost-wages replacement (generally 60%–67%), benefits during recovery, and disability benefits if the employee cannot return to their previous job. For complete medical expenses coverage, employees may be temporarily limited in which doctors they can see.
Personal injury (PI) claims are “fault” based. A plaintiff must prove that another person’s negligence was the cause of their injuries. PI claims encompass a wider range of damages than WC claims, including damages for pain and suffering, and may require a trial if a settlement cannot be reached. Plaintiffs in PI claims have more freedom in their choice of medical providers and care. Lost wages are paid only after a settlement/verdict is reached.
In some instances, an injured employee may be able to file a PI claim instead of, or in addition to, a WC claim. Examples include intentional acts by an employer to harm an employee, gross negligence, and third-party claims (e.g., a delivery driver who in the course of their job is struck and injured by a negligent motorist).
If you are injured by another person’s negligence, contact our firm to protect your rights.
