Hi, I'm Hyemin Byun with DM Injury Law. A lot of people are surprised to learn that workers' compensation and personal injury claims are two very different systems. And understanding that difference can have a big impact on your case. Workers' compensation is a no-fault system. In other words, you don't have to prove your employer did anything wrong. If you're injured while doing your job, you're generally entitled to workers' compensation benefits. These benefits typically cover your medical treatment and a portion of the wages you lose while you're unable to work. The trade-off is that workers' compensation is fairly limited in what it pays. It doesn't compensate you for things like pain and suffering, emotional distress, or the loss of enjoyment of activities you can no longer do because of your injury. It also doesn't replace all of your lost income. In most cases, you're only receiving about two-thirds of your average weekly wage. And if you've suffered a permanent disability, the benefits are calculated using a formula set by the workers' compensation system, which is much lower than what might be available in a personal injury case. A personal injury claim works differently. In that situation, you do have to prove that someone else's negligence caused your injury, but if you're successful, the types of compensation available are much broader. You may be able to recover damages for pain and suffering, all of your lost wages, future lost earning capacity, and other losses that workers' compensation simply doesn't cover. One of the most common questions we get is whether someone can pursue both. The answer is sometimes. In Missouri, workers' compensation is typically your exclusive remedy against your employer, which means you generally can't file a personal injury lawsuit against them. However, if a third party contributed to the accident, you may have a separate personal injury claim in addition to your workers' compensation case. Forexample, that third party could be the manufacturer of defective equipment, a subcontractor working on the same job site. Another driver involved in a work-related vehicle accident, or a property owner where the injury occurred. When that situation exists, you may be able to pursue two separate claims through two different systems and recover compensation from both. That's something we look for in every workplace injury, because it can make a significant difference in the outcome for our clients. If you are injured at work and want to learn more about your legal options, call DM Injury Law at (816) 888-7500. We have attorneys who practice both workers' compensation and personal injury claims who can help you with both.
Workers’ Comp vs. Personal Injury