What Injured Utah Workers Should Know
An injury at work can lead to more than just medical treatment and time away from work. For some Utah workers, it can also raise an important legal question: Should the injury be handled through workers’ compensation, or is there also a personal injury claim against someone else?
The answer can make a significant difference in what types of compensation may be available.
Workers’ compensation and personal injury claims operate under different rules. Understanding the distinction can help an injured worker recognize when a workplace injury may involve more than a workers’ compensation claim.
How Does Workers’ Compensation Work After a Workplace Injury?
Workers’ compensation is designed to provide benefits to employees who are injured on the job without requiring them to prove that their employer was at fault.
That no-fault structure is one of the most important differences between workers’ compensation and a personal injury claim. An injured employee generally does not have to establish that the employer acted negligently to pursue workers’ compensation benefits.
Depending on the circumstances and the nature of the injury, workers’ compensation may provide benefits for:
- Medical expenses. Necessary medical treatment related to the workplace injury may be covered through the workers’ compensation system.
- Lost wages. An injured worker who cannot work because of the injury may qualify for certain wage-replacement benefits.
- Disability. Workers’ compensation can provide benefits related to temporary or permanent disability resulting from a workplace injury.
The trade-off is that workers’ compensation generally does not provide the same range of damages available through a personal injury lawsuit.
What Is Different About a Personal Injury Claim?
A personal injury claim is based on the legal responsibility of another party for causing an injury. Unlike workers’ compensation, the injured person generally has to establish that the third party was legally at fault.
That difference can complicate a third-party claim, but it can also significantly increase the compensation that may be available.
A personal injury claim may allow an injured person to seek damages that are not ordinarily available through workers’ compensation, including compensation for the physical pain and emotional consequences of an injury.
This distinction becomes particularly important when someone other than the employer contributed to a serious workplace accident.
Can I Receive Workers’ Compensation & File a Personal Injury Claim?
Yes, in some circumstances an injured worker may have both a workers’ compensation claim and a personal injury claim against a responsible third party.
For example, imagine an employee is injured while performing work duties because of another company's negligent conduct. The employee may have a workers’ compensation claim because the injury occurred on the job, while also having a potential personal injury claim against the outside party whose conduct caused the accident.
These claims serve different purposes.
Workers’ compensation can address medical expenses, disability benefits, and portions of lost wages without requiring the employee to prove fault. A third-party personal injury claim, when available, can provide an opportunity to pursue additional damages based on the other party’s responsibility for the injury.
Why Does a Third-Party Claim Matter?
The amount an injured worker can receive through workers’ compensation may be considerably more limited than the damages potentially available in a personal injury case.
That matters when an injury has consequences that extend far beyond medical bills and missed paychecks.
A serious injury can affect a person's physical abilities, quality of life, relationships, and future. Workers’ compensation does not necessarily compensate an injured employee for every consequence of an accident.
A third-party personal injury claim may provide another avenue for pursuing compensation for those broader losses when the legal requirements for the claim are met.
Who Could Be Considered a Third Party?
A third party is someone other than the injured worker's employer who may have contributed to causing the accident.
Depending on the circumstances, a third-party claim could potentially involve:
- Another driver. A worker injured in a vehicle crash while performing job duties may have a claim against a negligent driver.
- Another company. Contractors, subcontractors, property owners, or other businesses may sometimes be responsible for dangerous conditions or conduct that causes a workplace injury.
- A manufacturer. Defective machinery, tools, or other products can potentially lead to product liability claims when they cause an injury.
- A property owner. A dangerous condition on the property where an employee is working may create potential liability outside the workers’ compensation system.
Determining whether another party is legally responsible requires a close look at how the accident occurred and who contributed to it.
Do I Have to Prove Fault in a Personal Injury Claim?
Yes. This is another fundamental difference between the two types of claims.
Workers’ compensation generally does not require an injured employee to prove that someone was negligent. A third-party personal injury claim, however, requires evidence establishing the other party’s legal responsibility.
That can involve determining what the third party did or failed to do, whether that conduct was negligent or otherwise legally actionable, and how it caused the injury.
The fact that an accident happened at work does not automatically mean the employer is the only party whose conduct should be considered.
What If My Workers’ Compensation Claim Is Already Underway?
An existing workers’ compensation claim does not necessarily mean that a third-party personal injury claim is off the table.
If another person or company may have caused the accident, it can be important to identify that possibility early. The two claims can involve different legal standards, potential sources of compensation, and deadlines.
A workers’ compensation claim should not be treated as the end of the analysis simply because the injury occurred while someone was working.
Why Should an Injured Worker Look for a Third-Party Claim?
When a third party is responsible for a workplace injury, pursuing a claim may allow the injured worker to seek compensation beyond what workers’ compensation provides.
That can be especially important in serious injury cases, where medical treatment, lost earning capacity, and the broader effects of the injury can continue long after the initial accident.
The key question is not simply whether an injured worker has a workers’ compensation claim. It is whether someone else may also be legally responsible for what happened.
What Should I Do After a Serious Workplace Injury?
An injured worker should report the workplace injury and pursue appropriate medical care, while also considering whether the circumstances point to potential third-party liability.
If another driver, company, property owner, manufacturer, or other outside party may have caused the accident, that possibility deserves separate consideration.
Talk With a Salt Lake City Personal Injury Lawyer About a Workplace Injury
Workers’ compensation may provide important benefits after a workplace injury, but it may not be the only source of compensation available. When a third party is responsible for an accident, a personal injury claim may provide an additional avenue to pursue compensation for the broader effects of a serious injury.
At Cutt, Kendell & Olson, we represent Utah residents in serious personal injury cases and can evaluate whether an injury that occurred at work may also support a third-party claim.
Call (801) 901-3470 or contact the firm online to schedule a free consultation about your workplace injury and potential third-party claim.