What Is The Difference Between Workers’ Compensation and Personal Injury?
The primary difference between workers’ compensation and personal injury claims is the type of compensation available after an injury. Pennsylvania workers’ compensation benefits can provide coverage for medical treatment, lost wages, and certain permanent injuries after a workplace accident, while personal injury claims may allow recovery for pain and suffering and other damages caused by another party’s negligence. In some cases, injured workers may be eligible for both a workers’ compensation claim and a third-party personal injury claim.
What Is Workers’ Compensation?
If you are injured while performing your job duties, you may be entitled to Pennsylvania workers’ compensation benefits.
Workers’ compensation benefits generally include:
- Medical benefits
- Wage-loss benefits
- Specific loss benefits for certain permanent injuries or disfigurement
Medical Benefits
Workers’ compensation may pay for reasonable and necessary medical treatment related to your work injury.
Wage-Loss Benefits
If your injury prevents you from working, you may receive wage-loss benefits based on your average weekly wage.
Specific Loss Benefits
Specific loss benefits compensate workers for certain permanent injuries, including:
- Permanent loss of use of a body part
- Amputations
- Serious and permanent scars or disfigurement to the head, face, or neck
- Certain hearing and vision losses
What Is a Personal Injury Claim?
A personal injury claim is different from workers’ compensation.
Rather than focusing on workplace benefits, a personal injury claim seeks damages against a negligent person or company whose actions caused an injury.
Depending on the circumstances, damages may include:
- Pain and suffering
- Medical expenses
- Lost wages
- Future lost earning capacity
- Property damage
- Loss of consortium
- Punitive damages (in limited cases)
Unlike workers’ compensation, personal injury claims generally require proof that another party acted negligently.
Can I Sue My Employer After a Work Injury?
In most situations, no.
Pennsylvania follows what’s known as the exclusive remedy doctrine.
If you are injured during the course and scope of your employment, your recovery against your employer is generally limited to workers’ compensation benefits.
That means you typically cannot sue your employer or a co-worker for negligence, even if someone else’s mistake caused your injury.
Can I Receive Workers’ Compensation If the Accident Was My Fault?
Yes.
Pennsylvania workers’ compensation is generally a no-fault system.
As long as your injury occurred during the course and scope of your employment, you may still qualify for benefits regardless of who caused the accident.
When Can I File Both a Workers’ Compensation Claim and a Personal Injury Claim?
There are situations where an injured worker may have both claims.
These are known as third-party claims.
Examples include:
- Being injured in a motor vehicle accident while driving for work
- Being injured by defective machinery
- Being injured by equipment manufactured by another company
- Being injured by a negligent third party that is not your employer
In these situations, you may be able to pursue:
- Workers’ compensation benefits through your employer
- A personal injury lawsuit against the responsible third party
Because these claims often overlap, it is important to work with an attorney experienced in both workers’ compensation and personal injury law.
Personal Animus Exception
Another limited exception involves intentional conduct.
If someone intentionally harms you for personal reasons unrelated to your employment, you may have a personal injury claim in addition to your workers’ compensation claim.
These cases are uncommon and involve complex legal standards.
Talk to a Pennsylvania Workers’ Compensation and Personal Injury Lawyer
Understanding the differences between workers’ compensation and personal injury claims can be confusing, particularly when multiple parties may be responsible for your injuries.
The attorneys at Stern & Cohen have extensive experience handling Pennsylvania workers’ compensation claims and coordinating third-party personal injury cases when appropriate.
If you’ve been injured at work, contact Stern & Cohen today for a free consultation
FAQs
What is the difference between workers' compensation and personal injury?
Workers’ compensation provides benefits for work-related injuries regardless of fault, while a personal injury claim seeks damages from a negligent person or company responsible for causing an injury.
Can I file both a workers' compensation claim and a personal injury lawsuit?
Sometimes. If someone other than your employer caused your injury, you may have both a workers’ compensation claim and a third-party personal injury claim.
Can I sue my employer after a workplace injury?
Generally, no. Pennsylvania’s exclusive remedy doctrine usually limits recovery against an employer to workers’ compensation benefits.
What is a third-party workers' compensation claim?
A third-party claim is a personal injury lawsuit against someone other than your employer who contributed to your workplace injury, such as another driver or the manufacturer of defective equipment.
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