If you’ve been injured at work in Massachusetts or Rhode Island, you may be wondering what your options are for seeking compensation. Two common paths are workers’ compensation claims and personal injury lawsuits. Understanding the difference between the two can help you make the best decision for your situation. While both are designed to help people who have been injured, there are key distinctions in how they work, who is responsible for paying, and what kind of benefits or compensation you can expect.
At Rob Levine Law, we know how confusing and overwhelming it can be to navigate these options, especially when you’re already dealing with pain, recovery, and lost wages. Let’s break down what you need to know about workers’ compensation versus personal injury lawsuits.
What is Workers’ Compensation?
What is workers’ compensation? It’s a no-fault system provided by your employer’s workers’ compensation insurer to cover medical expenses, wage replacement, and disability benefits if you’re injured on the job. You do not need to prove negligence to qualify for benefits, making the process faster and simpler than a personal injury lawsuit. However, workers’ compensation does not cover pain and suffering or provide large financial awards, and you cannot sue your employer for negligence while relying on this system.
Example of Workers’ Compensation:
Let’s say you were working on a construction site and suffered a back injury while lifting heavy materials. In this case, your injury is a result of your normal work duties, so you would file a workers’ compensation claim. You do not need to prove that anyone was negligent; you just need to show that the injury occurred while performing your job. The workers’ compensation system will cover your medical treatment, a portion of lost wages, and possibly long-term disability if your injury prevents you from returning to work.
What is a Personal Injury Lawsuit?
A personal injury lawsuit, on the other hand, is typically used when an injury occurs due to someone else’s fault. This can happen in the workplace, but suing your employer directly requires proving that their actions were intentional or highly reckless a standard known as serious and willful misconduct. If you are able to prove this high level of fault, you can pursue compensation for pain and suffering, emotional distress, and additional damages that are not available through workers’ compensation.
Here’s what you should know about personal injury lawsuits:
- Proving Fault: Unlike workers’ compensation, personal injury lawsuits require you to prove that someone else’s actions caused your injury.
- To sue your employer outside of workers’ comp, you must prove serious and willful misconduct.
- To sue a third party (like a vendor or manufacturer), you typically must prove negligence, a defective product, or someone else’s carelessness.
- More compensation options: Personal injury lawsuits can allow you to seek compensation beyond medical bills and lost wages. You may also recover pain and suffering, emotional distress, punitive damages, and other non-economic losses.
- Third-party claims: Personal injury lawsuits are often appropriate if someone else outside of your workplace was responsible for the injury, such as a vendor, contractor, or manufacturer.
Example of a Personal Injury Lawsuit:
Imagine you’re working in a factory, and the equipment you are using malfunctions due to faulty manufacturing. As a result, you suffer a serious injury, such as a crushed hand or arm. In this case, you might file a personal injury lawsuit against the manufacturer of the faulty equipment. While workers’ compensation would cover your medical bills and a portion of your lost wages, a personal injury lawsuit could help you recover additional damages, such as pain and suffering, and hold the manufacturer accountable for the defect.
Key Differences Between Workers’ Compensation and Personal Injury Lawsuits
While workers’ compensation and personal injury lawsuits both provide avenues for recovering damages, there are important differences to keep in mind:
- No-fault vs. Fault-Based: Workers’ compensation is a no-fault system, meaning you don’t have to prove fault. In contrast, personal injury lawsuits require you to prove negligence or fault.
- Scope of Damages: Workers’ compensation covers medical expenses and wage replacement, but it does not compensate for pain and suffering. Personal injury lawsuits, on the other hand, can include compensation for pain, suffering, and emotional distress.
Let Rob Levine Law Advocate For You
At Rob Levine Law, we understand that choosing the right legal path for your injury can be difficult. We are here to help you assess your case, provide expert legal advice, and ensure that you receive the compensation you deserve.
Call (800) 742-3920 or reach out online. Our workers’ compensation lawyers can help you explore your options, whether that’s pursuing workers’ compensation or filing a personal injury lawsuit.
