An industrial accident has the potential to be either a worker’s compensation case or a personal injury case, or both. The distinction between the two primarily depends on the specific circumstances of the accident, and identifying which one applies to your situation will impact how you proceed.
Worker’s Compensation
If your employer has worker’s compensation coverage and your injury occurred within the scope of your employment, your case would likely fall under this category.
In a worker’s compensation claim, you would not need to prove that your employer was negligent or at fault for your injury. Instead, you would simply need to demonstrate that the injury occurred while you were working. However, you will typically be limited in the type of damages you can recover, usually consisting of medical expenses and lost wages.
Personal Injury
On the other hand, a personal injury claim arises when you suffer harm due to the negligence or fault of another party, which can include product manufacturers, third parties, or an employer if workers’ compensation isn’t available. In a case based on negligence, you need to prove that the responsible party’s negligence caused or contributed to your injury.
Unlike worker’s compensation claims, personal injury claims can potentially lead to a broader range of damages, such as pain and suffering, emotional distress or mental anguish, physical impairment, disfigurement, and more. It is important to know that you may be able to pursue a personal injury case even if your employer has worker’s compensation if a third party is responsible for the accident.