The Difference Between Claims For Workers Compensation & Personal Injury

Clients may confuse the concepts of worker’s compensation and personal injury. However, there are several distinctions between these two theories of recovery.

A personal injury claim may be filed when another party causes injuries because of negligent or reckless behavior. A personal injury claim may provide recovery for any lost earnings, as well as medical expenses, lost earning capacity, and any other costs resulting from the injury.

The most significant (and obvious) distinction of a worker’s compensation case is that the injury is work-related, i.e., it occurs in the course and scope of employment. Unlike personal injury claims, proving which party is culpable is not as important or essential to securing the recovery for a claim. Workers are entitled to workers’ compensation benefits regardless of the culpable party. An exception exists for injuries resulting from the intentional or negligent conduct of third parties, which may allow a personal injury claim to be filed in appropriate circumstances.

In some situations, a personal injury claim, and worker’s compensation claim may both be filed. For example, these include claims for:

• Injuries caused by a defective product allow a worker to initiate a lawsuit under a products liability theory, in addition to applying for workers’ compensation benefits;
• Injuries caused by the intentional actions of an employer, such as assault and sexual harassment;
• Injuries caused by the intentional actions of a co-worker;
• Injuries caused by the intentional or negligent conduct of a third party other than co-workers or employers;
• Injuries that occur in the workplace under circumstances not covered by the compensation insurance granted by the employer; and
• Injuries that occur in the workplace where compensation has been improperly implemented.

Avoid the confusion associated with determining who you can file suit against in the event of a work-related injury. For 110 years, Powell Law has litigated Pennsylvania workers’ compensation actions and obtained benefits for injured Pennsylvania workers in the Scranton/Wilkes-Barre area. Consult an experienced Pennsylvania workers’ compensation attorney. Contact Powell Law at (570) 961-0777. The consultation is FREE!