Workers’ Compensation v. Personal Injury Claims: Which is Best for Me?

Filing for a workers’ compensation claim and/or a personal injury claim under Ohio law involves two distinct processes.  However, an injured employee may have rights to both claims dependent upon the circumstances of his or her case.  So your workers’ compensation claim can affect your personal injury lawsuit, and vice versa.  A common example is that of medical expenses; if medical costs are reimbursed under Ohio’s workers’ compensation laws, the injured worker will be responsible to pay a portion of his recovery from his PI lawsuit to the BWC. This can also involve a process called subrogation, in which the OhioBureau of Workers’ Compensation asserts its right to recover medical costs paid out in a personal injury lawsuit against a third party.

Work Injuries

Under Ohio law, an injured workers’ entitlement to a workers’ compensation claim is the exclusive remedy to which they are entitled.  In plain terms, this means an employee who is hurt at work cannot sue the employer for his or her injuries, regardless of who was at fault in the incident.  In workers’ compensation, the main goals are to provide injured workers with medical treatment coverage and lost wages or income.  On the other hand, a personal injury suit allows for an individual to obtain compensation for non-economic losses (i.e., medical expenses, loss of income, loss of earning capacity, pain and suffering, emotional distress, and scarring and disfigurement).

Personal Injury Claims & Third-Parties

In a personal injury claim, the main factor is that of fault by the parties and, in order to obtain compensation in a suit, the injured individual must prove that the third-party’s negligence caused, or resulted in, the injuries alleged.  Generally, under Ohio law, an employee is notable to file a personal injury claim against his or her employer, even if they are able to file a workers’ compensation claim.  However, there is an exception to this rule when the employer’s intentional act causes harm or injury in the workplace.  

Even if an injured worker is unable to sue his or her employer for a personal injury claim, a third party may be wholly or partly responsible for the injury.  In this situation, where an employee is hurt in the course and scope of employment by a third party (i.e., not by themselves, the employer, or fellow employees), the injured worker may be eligible for both a workers’ compensation claim and a personal injury claim against the third-party that caused the injury.

Motor Vehicle Accidents: How do WC and PI claims play out together?

One example in which an employee may have both a workers’ compensation claim and a personal injury claim against a third party occurs commonly with motor vehicle accident claims.  A worker leaves a job site during the work day to pick up additional supplies needed to complete aj ob.  In route to completing this errand, the employee is involved in a motor vehicle accident with another car who is at fault.  First, the employee is covered by workers’ compensation laws in Ohio, as the employee was required to drive and obtain additional supplies to complete job duties (i.e., in the course ands cope of his employment).  In addition, the “other” vehicle (third party) who caused the accident may be liable for any injuries that were the result of negligence on his/her behalf.

A more specific example takes place when an employee is also a delivery driver (i.e.,take-out delivery drivers and some shopping service companies).  This driver is injured in a motor vehicle accident while driving for the shopping service company.  The determination here is whether the driver is an employee or an independent contractor of the shopping service company.  If the driver is a contractor, they will not be entitled to a workers’ compensation claim regardless of how they were injured.  If the driver is considered an employee, the driver is eligible for a workers’ compensation claim for the motor vehicle accident, as well as a personal injury suit against the third party who caused the accident (if applicable).

Violations of Specific Safety Requirements (VSSR)

You may not have a viable personal injury claim against your employer, if your injuries are the result of an “occupational hazard.” Work environments such as construction sites, factories, and farms have a number of hazards that pose a risk to workers.  However, your employer may be liable for failure to implement or follow specific safety regulations in the workplace, or to provide protective gear and equipment.

Other Parties that May Be Responsible for a Workplace Accident

Your employer is not the only party that owes you a duty of care when you are at work. Depending on the circumstances of the accident, you may be able to pursue compensation if a third party’s negligence caused your injuries.

There area variety of other situations that may allow an injured worker to file a third-party lawsuit (i.e., contractors and subcontractors, third-party property owners where you are working, and situations where a coworkers’ negligence or misconduct results in the injury).  

Contact Us For Help

Please contact the knowledgeable workers’ compensation attorneys at Lelli Law Office to discuss your injury and rights to recovery under both personal injury and workers’ compensation laws.