When an employee is injured on the job, worker’s compensation typically covers medical expenses and a portion of lost wages, regardless of fault. However, workers’ comp benefits are limited and do not include damages for pain and suffering. In contrast, a personal injury claim allows an injured worker to seek broader compensation — but it requires proving that another party’s negligence caused the injury. Understanding which route applies (or if both may be available) is crucial for maximizing recovery.
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Not all workplace injuries are solely the employer’s responsibility. If a third party — such as a contractor, equipment manufacturer, or property owner — contributed to the accident, the injured worker may be able to file a third-party liability claim in addition to receiving workers’ comp benefits. These claims can significantly increase total compensation, covering pain and suffering, full lost wages, and other damages not included in workers’ comp.
The Occupational Safety and Health Administration (OSHA) sets national standards to ensure safe working conditions. Employers must follow OSHA guidelines on hazard prevention, training, equipment safety, and protective gear. Failure to comply can not only result in fines but also serve as strong evidence in a workplace injury case, proving that unsafe conditions contributed to the accident.
Deadlines for filing workplace injury claims vary by state and by the type of claim. Workers’ compensation claims often have very short reporting windows — sometimes just a few days after the incident — while personal injury or third-party claims may allow one to several years to file. Missing these deadlines can permanently bar you from seeking compensation, so acting promptly is essential.
Workplace injuries happen in many ways, but some of the most common include slips and falls, equipment malfunctions, falling objects, electrical hazards, and exposure to harmful substances. These incidents can lead to serious injuries such as fractures, head trauma, burns, or long-term health issues — often requiring significant medical treatment and time off work.
Workplace injuries happen in many ways, but some of the most common include slips and falls, equipment malfunctions, falling objects, electrical hazards, and exposure to harmful substances. These incidents can lead to serious injuries such as fractures, head trauma, burns, or long-term health issues — often requiring significant medical treatment and time off work.
Yes, if your injury involves a negligent third party (such as a contractor or equipment manufacturer), you may be eligible for both. Workers’ comp covers medical costs and partial wages, while a personal injury lawsuit can provide additional compensation for pain, suffering, and full lost income.
In most states, workers’ comp claims must be reported within a few days to a few weeks of the injury. Delaying may result in your claim being denied. Always report the incident to your employer as soon as possible, ideally in writing.
If your injury resulted from an OSHA violation, it could strengthen your claim. While OSHA fines go to the government, evidence of violations can be used in workers’ comp hearings or personal injury lawsuits to prove negligence.
Examples include defective equipment from a manufacturer, a subcontractor causing unsafe conditions, or a property owner failing to maintain a safe worksite. These situations may allow you to pursue a separate personal injury claim in addition to workers’ comp.
The statute of limitations for personal injury claims typically ranges from one to three years, depending on your state. However, workers’ comp deadlines are much shorter, often requiring immediate action.
We partner with experienced personal injury lawyers across the country who are dedicated to helping victims of car accidents, construction site injuries, slip and fall incidents, lead poisoning, and more.
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