Workers’ Compensation vs. Personal Injury Lawsuits: Which is Right for You?

Accidents can and do happen in the workplace. Depending on the type of job you do, you may be at risk for certain types of injuries. But even the seemingly safest types of employment can still lead to injuries. If you are injured as a result of your employment, you are going to want to get coverage for your medical costs and lost wages, as well as compensation for your injuries. Here in Mississippi, the circumstances of your workplace injury will determine whether you are eligible for workers’ compensation or if you can file a personal injury lawsuit. An experienced personal injury attorney can assist you with your claim, and help you get the compensation you require for your damages.

The Key Difference in How Workers’ Compensation and Personal Injury Apply

If you are injured on the job as a result of workplace conditions that are the responsibility of your employer, then you will be covered by workers’ compensation. This is a state-mandated insurance program that requires employers to provide benefits to their employees who are injured on the job or contract an illness as a result of employment related conditions. This can include injuries caused by a co-worker at your place of business. However, it does not cover anyone who is working for a business as an independent contractor. For employees, workers’ compensation is the sole remedy that they have against their employers. In other words, you cannot file a personal injury claim against your employer if you are covered by workers’ compensation.

Sometimes, your injuries may exceed the coverage provided by your employer’s workers’ compensation policy. If there was a third party involved in causing your injury or illness other than your employer or a co-worker, then you may be able to file a personal injury claim against that person or entity. This could happen if there was a piece of defective equipment at a factory that came from a third party supplier. If you work delivering parcels and slip on an icy driveway, then you may be able to bring a personal injury lawsuit against the homeowner. Truck drivers employed by a business could sue a third party motorist for injuries suffered in a traffic accident.

Proving Fault

Workers’ compensation is a no-fault system. This means that there is no need to prove things like negligence or recklessness. If you are injured on the job, then your employer is strictly liable to provide you with benefits regardless of who caused the injury. 

In a personal injury claim, you must prove fault. This means that you will need to show that the third party owed you a duty of care, this person or entity breached the duty, and their negligence or wrongful act was the direct cause of your injuries. As the plaintiff in this personal injury case, the burden of proof is on you to show that the defendant was at fault by a preponderance of the evidence.

Types of Damages Covered 

The coverage provided by workers’ compensation is limited. You can get compensated for your medical care, rehabilitation services, and at least some of your lost wages. If the injury resulted in a permanent disability, then the workers’ compensation policy may provide for loss of earning capacity. There also may be some coverage for injuries that result in the death of the employee. However, you cannot get compensated for other damages you may have sustained like pain and suffering. In addition, most employers choose to get a workers’ compensation insurance policy rather than be self insured. If this is the case, then the compensation to the injured worker will be subject to the limits set forth in the insurance policy.

In a personal injury lawsuit, you can sue to recover a broader category of damages. In addition to medical expenses, lost wages, and rehabilitation costs (like in a workers’ compensation claim), you can also get compensated for things like pain and suffering, emotional distress, loss of consortium, and diminished quality of life. In addition, the only limits are the amount a jury awards you and how much the third party can afford to pay.

Workers’ Compensation has a Faster Timeline

The workers’ compensation system is designed to get employees the medical treatment they need in an expedited manner. In most cases, you may start receiving benefits within a month of reporting the injury to the employer. A personal injury lawsuit will take much longer, in some cases lasting up to four years before it is resolved.

If You Have Sustained an Injury or Illness as the Result of Your Employment, the Experienced Attorneys at Chatham Gilder Howell Pittman Can Help You Get the Compensation You Deserve

The law regarding workplace injuries can be quite complex, and will determine whether you can get compensated from a third party by way of a personal injury lawsuit in addition to your employer’s workers’ compensation policy. The experienced personal injury attorneys at Chatham Gilder Howell Pittman can provide you with the representation you need to get the compensation you deserve for your injuries.

About the Author
Jefferson D. Gilder is a Partner at Chatham Gilder Howell Pittman and was admitted to the Mississippi and Tennessee Bars in 1990. Mr. Gilder is admitted to practice in all courts in Mississippi and Tennessee including Federal Court, the Fifth and Sixth Circuit Courts of Appeal, and the United States Supreme Court. Mr. Gilder's areas of practice include personal injury, criminal, medical malpractice, civil rights, and product liability. Mr. Gilder spent his first ten years as an attorney practicing with his father, Robert G. Gilder, at Gilder Law Firm in Southaven, Mississippi before forming Gilder, Howell & Assoc., P.A. with Jamie W. Howell, Jr. in June of 2000. This firm although as another legal entity has now combined their resources and experience with Chatham – Pittman, to form Chatham Gilder Howell Pittman. If you have any questions about this article, you can reach Jefferson through our contact page.