There are two basic options: a workers’ compensation claim or a personal injury lawsuit.
As a general rule, if you are injured on the job, you will be able to receive medical treatment and other benefits for that injury through the workers’ compensation system. Workers’ compensation is a no-fault insurance system for workers who are injured or become sick at work. But if you are hurt in a car accident while at work, filing through the workers’ compensation system may not actually be the best choice for you.
If you were injured in a car accident by a third party, you could bring a personal injury lawsuit against the driver and/or his insurance company. This lawsuit would be based on the damages that you suffered based on the negligence of the other driver. While you cannot file a personal injury lawsuit against your employer — the workers’ compensation system is the exclusive (only) remedy for on-the-job injuries not caused by third parties — you can if a third party caused your injuries.
The major difference between filing a workers’ compensation claim and a personal injury lawsuit is the type of damages that you can recover. In a workers’ compensation case, you can typically only receive payments for your medical bills and lost wages. You may also receive disability benefits if you are partially or totally disabled. You will not receive any compensation for pain and suffering or other types of damages that you may have suffered as a result of the accident. These types of damages — referred to as general damages — can only be recovered in a personal injury case.
A personal injury case will also allow you to recover for property damage, while this type of damage will not be covered by the workers’ compensation system. For example, if your employer requested that you visit a remote job site using your personal car when the accident occurred, your employer will not be responsible for the damage to your car. You will only be able to seek compensation for those repairs through a civil lawsuit.
However, in a personal injury lawsuit, you will have to prove that the other driver was at fault for your injuries. This is in contrast to the workers’ compensation system, which is a no fault system. To prove most workers’ compensation cases, all that you need to demonstrate is that you were injured and that you were on the job when the injury occurred. In contrast, if you file a personal injury claim against another driver, you have the burden of proving that the other driver caused the accident and is legally and financially responsible for your injuries and other damages.
The decision as to whether to file a personal injury lawsuit or a workers’ compensation claim can be complex, and should be made in consultation with a workers’ compensation attorney. At PLBH, our lawyers are highly experienced in both workers’ compensation and personal injury. We offer free initial consultations, where we can help you determine if you have a viable case. Whether you decide to file your case through the workers’ compensation system or as a personal injury lawsuit, our attorneys will guide you through each step of the process. Contact our office at (800) 435-7542 or info@plblaw.com today to schedule an appointment to learn more about how we can help you.