When a person is hurt on the job in Wisconsin, worker’s compensation is often their sole remedy. It is common for a recently injured worker to think they may be able to receive additional or larger sums of money by pursuing a personal injury claim, but this is usually not the case.
Here, we explain the difference between worker’s comp and personal injury claims and the circumstances in which a person may be eligible to seek benefits through worker’s compensation and still file a personal injury claim.
The Wisconsin worker’s compensation system was established in 1911 as a way to minimize the risk to employers and employees when a workplace injury occurs. In exchange for defined benefits and a no-fault administrative system, workers gave up the right to bring civil personal injury lawsuits against their employers or coworkers unless the injury is from an intentional assault.
Because the worker’s compensation system provides defined benefits, injured workers can expect to receive specific benefits that cover the costs associated with their medical care and wage loss. In cases where a worker is permanently disabled, the injured worker is eligible for disability benefits. If the injured worker is unable to return to work, they may also be eligible for vocational retraining and benefits for loss of earning capacity.
The Wisconsin worker’s compensation system also eliminates the need to prove fault. When a person is injured at work, they do not need to prove their employer was at fault to receive worker’s compensation benefits. Even if the worker was at fault for causing the injury, they can still receive worker’s compensation benefits. Therefore, a common point of dispute in a worker’s compensation claim is whether the injury caused the medical conditions for which the injured worker undergoes treatment.
Worker’s compensation benefits are available to people injured at work, regardless of who caused the injury. A person who was injured at work is entitled to benefits for medical expenses, time off of work, and, in cases of permanent injuries, compensation for the permanent injuries to the body, loss of earning capacity, and retraining benefits. Two major distinctions between worker’s compensation and personal injury claims are: 1) There are no pain and suffering damages in worker’s compensation; and 2) To recover benefits in a worker’s comp claim, the injured worker does not need to prove their employer was at fault for causing their injuries.
A personal injury claim arises when a third party causes injury to another person. Unlike a worker’s compensation claim, these injuries did not involve the injured person’s employer.
Common personal injury claims include injuries suffered in a car accident, as a result of defective products, or a job site injury caused by a person or entity other than a coworker or the employer.
An injured person who files a personal injury claim seeks compensation for medical expenses, lost wages, pain and suffering, and other damages that are unavailable in a worker’s comp claim. To recover compensation in a personal injury claim, the injured person must prove the other party was at fault.
In certain circumstances, an injured worker may be able to seek worker’s compensation benefits and file a claim for personal injuries. Known as a “third-party claim,” an injured worker may be able to file a claim for worker’s compensation benefits and a personal injury claim if the injury was caused by a third party who was not connected to the injured worker’s employer. For example:
When a workplace accident causes serious injuries, our attorneys can analyze your circumstances and help you recover the compensation you are entitled to. The Wisconsin worker’s compensation system is complicated, and the attorneys at Kingree Law Firm can assist in claiming the benefits you deserve.
If you suffered a work injury that resulted in significant lost time from work, permanent disability, permanent wage loss, joint replacement, or if your claim for worker’s compensation benefits has been denied, Kingree Law Firm is here to help. We exclusively practice worker’s compensation and are well-known and highly respected because of our knowledge, skill, and quality case preparation that produces results.
The worker’s compensation team at Kingree Law is dedicated to advocating for injured workers and preparing cases that can be won. To learn more, contact Kingree Law today to schedule an appointment to discuss your situation.
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