A work-related injury can have a significant impact on your life and livelihood. If you were hurt on the job, you might be wondering whether you are entitled to compensation. There are two claims you might be able to file after a workplace accident, depending on the circumstances — Workers’ Comp and personal injury claims. The primary difference between these types of claims is whether a third-party can be held accountable for your work accident-related injuries.

What is Workers’ Compensation?

An employee generally cannot sue their employer for negligence. However, if you are injured at work, it is not necessary to prove someone else was at fault for your accident to obtain Workers’ Compensation — also referred to as L&I benefits in Washington. You may be entitled to these benefits even if you or no one was to blame for your work-related injury. Workers’ Compensation can help ensure your medical treatment is covered for a work-related injury or occupational disease — and you can receive a portion of your lost wages if you are unable to return to your employment.

Common work injuries that are eligible for Workers’ Compensation can include those that arise due to slip and falls, trip and falls, exposure to harmful substances, motor vehicle crashes, and various other accidents. A worker might also be entitled to L&I benefits for injuries related to repetitive use, electrocution, respiratory illness, and burns.

By filing a Workers’ Compensation claim, you may be entitled to compensation for the following:

• Medical bills
• Pharmacy and healthcare services
• Wage replacement (Temporary Total Disability)
• Permanent partial disability
• Vocational rehabilitation
• Lifetime pension (Permanent Total Disability)

Notably, you should report any work-related accident to your employer immediately to avoid them attempting to deny your claim. Workers’ Compensation claims in Washington must be filed within one year from the date of an injury and within two years of receiving notice of an occupational illness from a medical provider.

What is a Personal Injury Claim?

Workers’ Compensation can help ensure an injured worker has immediate access to medical care and lost wages without requiring litigation. It does not always compensate a worker for the full extent of their losses. Although Washington’s Workers’ Compensation laws bar an employee from suing their employer, there are often third parties in the workplace who can be held accountable in a personal injury action for negligence. For example, vendors, product manufacturers, property owners, service companies, subcontractors, architects, and various other parties may be liable for a work-related accident, based on the facts of the case.

In contrast with Workers’ Comp, personal injury claims require a showing of negligence — and an injured worker will be required to prove their case. If this can be established, a worker may be entitled to compensation for the following:

• Medical expenses
• Lost wages
• Future lost earnings
• Out-of-pocket expenses
• Pain and suffering
• Loss of companionship
• Loss of quality of life
• Mental anguish

It is vital to be aware that you only have a limited amount of time to pursue a personal injury claim against a negligent third party. Under Washington law, you must generally file a claim within three years from the date of the accident. There are certain exceptions to the statute of limitations that may be applied in limited cases.

The Differences Between Workers’ Comp and Personal Injury Claims

There are a few significant distinctions between Workers’ Comp and personal injury claims that are crucial to note. For instance, while personal injury actions can only be filed against negligent third-parties, Workers’ Compensation applies to anyone who has been hurt on the job. However, Workers’ Compensation does not cover the losses associated with your physical pain and emotional suffering.

Unlike Workers’ Compensation claims, personal injury claims are not limited to economic damages. By filing a personal injury lawsuit, you may be able to obtain compensation for your non-economic damages, including your pain and suffering and other losses that are difficult to quantify — such as loss of enjoyment of life. Just because you have filed a Workers’ Compensation claim does not mean you are precluded from filing a personal injury action to recover compensation beyond L&I benefits. As long as fault can be established, you may be entitled to obtain financial compensation for both your economic and non-economic losses in a personal injury claim.

Contact an Experienced Washington Workers’ Comp and Personal Injury Attorney

Workers’ comp and personal injury claims can be complex. If you suffered a workplace injury, it is essential to understand your legal rights and options. An experienced Workers’ Comp and personal injury attorney can help ensure you receive the compensation to which you are rightfully entitled. The Bellingham attorneys at Robinson & Kole provide adept representation for both Workers’ Comp and personal injury claims throughout Washington State and strive to secure the best possible outcome for every client. We welcome you to contact us for a free consultation by calling 800.640.5616 or by using our online contact form. Se habla Español.