Workers’ Comp vs Personal Injury Claims After Workplace Accidents
If you suffer a serious injury, it doesn’t matter how or where it happened: It can change your life all the same. If your injury happened at work, then your employer’s workers’ compensation (workers’ comp) insurance should help you pay for medical bills and lost wages during your treatment. But if a third party was involved in your work-related injury, it may also be possible to file both workers’ comp and personal injury claims to maximize your settlement. Let us explain the difference between workers’ comp vs personal injury claims
Learn all about the workers’ comp claim process below, along with when you should file a workers’ comp claim or a personal injury claim.
What Is a Workers’ Comp Claim?
Workers’ compensation is an insurance policy owned by employers that covers expenses related to injuries obtained while on the job or work-related illnesses. It generally covers medical expenses, prescriptions, lost wages, and rehab. However, it doesn’t cover emotional damages, like pain and suffering.
If your employer has more than one employee, they’re required by Rhode Island law to carry workers’ comp insurance and file a claim on your behalf if you report a work-related injury that keeps you from working for longer than three days. There are some special exceptions, like federal employees, who have a different system for work-related injury claims.
What Is A Personal Injury Claim?
A personal injury claim is a way to seek compensation if someone else’s negligence causes your injuries. Personal injury claims can be filed with an insurance company, like an at-fault driver’s car insurance company, or against the individual themselves.
Personal injury claims allow you to recover both economic damages, like medical bills and time off work, as well as damages that are harder to put a price tag on, like pain and suffering.
Workers’ Comp vs Personal Injury: What’s The Difference?
Both workers’ comp and personal injury claims are legal ways to get money after suffering an injury. But they differ in terms of fault and potential benefits.
A personal injury claim rests on whether or not you can prove that another person or party was negligent, and that their negligence is what caused or contributed to your injuries.
Workers’ comp is a type of no-fault insurance, meaning you don’t need to prove that your employer was negligent to file a claim. It doesn’t matter if your injuries were the result of your employer’s negligence or a freak accident. If you can prove your injury was work-related, your employer’s insurance company must honor its policy and provide you with benefits.
Additionally, workers’ comp won’t cover emotional damages, like pain and suffering, but these are on the table in a personal injury lawsuit.
How to Claim Workers’ Compensation in Rhode Island
After going to the doctor, notify your company’s HR department or the company’s workers’ comp advocate. If you’ve been out of work for longer than three days, they’re required to file a report of injury with their insurance company.
Once your claim is in the system, you should be able to track the status of your claim directly with the insurance company’s claims adjuster.
Workers’ Comp vs Personal Injury. Can You File Both?
Not against your employer. In Rhode Island, workers’ comp laws prevent you from filing a separate personal injury claim against your employer. If you’re a full-time employee, any work-related injuries need to be handled through the workers’ comp system.
However, there can be exceptions. For example, if your workplace injury was caused by someone other than your employer, like a third-party contractor, then it’s possible to file both a workers’ comp claim and a personal injury lawsuit against the third party.
When Should You Consider a Personal Injury Claim, too
If your work-related injuries were caused by someone other than your company, like subcontractors, customers, or third-party companies, then it’s worth looking into filing a personal injury claim for negligence, alongside your workers’ comp claim.
Some common scenarios where this could be a viable avenue include:
- A subcontractor on a job site drops their tools from scaffolding, which injures you standing below.
- A third-party cleaning crew leaves a wet floor unmarked, injuring you in a slip and fall.
- Faulty equipment or machinery malfunctions, leaving you open to file a lawsuit with the manufacturer
- You’re struck in the company parking lot by another driver.
- A customer’s dog bites you while making a delivery
In tricky cases like these, it’s always worth consulting with a Rhode Island personal injury lawyer to determine if pursuing a claim is a viable option.
What if My Workers’ Comp Claim is Denied: Can I File A Personal Injury Suit?
No. Again, filing a workers’ comp claim prevents you from suing your employer for your injuries. That said, you aren’t necessarily out of luck if your claim is dismissed.
If you feel that your workers’ comp claim was unfairly denied, your employer didn’t file the claim properly, or you aren’t getting the full extent of coverage you’re entitled to, you can dispute the claim.
The Rhode Island Department of Labor and Training oversees workers’ comp claims, and you can either file a dispute on your own or with the help of a Rhode Island workers’ comp lawyer.
Work with a Rhode Island Workers’ Comp & Personal Injury Lawyer
At Petrarca Law, we’re committed to getting accident victims the funds they need to move on with their lives, whether that’s through a personal injury lawsuit or negotiating with a workers’ comp insurance company.
With over 40 years of combined experience, we can give complicated cases the nuanced, personalized guidance they deserve. We will handle everything for you, so that all you need to do is sign off on the final settlement offer. Contact us today for a free case consultation.