When someone gets hurt on the job, they may have multiple legal options for recovering compensation. Workers' compensation and personal injury claims both provide financial relief, but they serve different purposes and follow different rules.
Understanding the key differences between these two types of claims can help injured workers make informed decisions about their legal rights. Serving Kansas City, Missouri, The Tourigny Law Firm LLC is here to help. As a personal injury attorney, we help clients determine the best course of action after a workplace injury.
While workers' compensation offers benefits regardless of fault, personal injury claims can provide broader compensation when someone else's negligence caused the injury. Here's what injured workers in Missouri need to know about their options.
The Basics of Workers' Compensation
Workers' compensation is a system designed to provide benefits to employees who suffer job-related injuries or illnesses. Unlike personal injury claims, workers' compensation does not require proof that the employer or anyone else was at fault for the injury. As long as the injury happened while performing job-related duties, the worker is generally eligible for benefits.
Missouri law requires most employers to carry workers' compensation insurance, which covers medical expenses, lost wages, and disability benefits. However, workers' compensation does not provide compensation for pain and suffering, which is a major difference compared to personal injury claims.
Key Benefits of Workers' Compensation
Workers' compensation provides injured employees with:
Medical coverage – Covers doctor visits, hospital stays, medications, physical therapy, and other necessary treatments.
Disability benefits – Provides partial wage replacement if the worker is temporarily or permanently unable to work.
Vocational rehabilitation – Helps workers who cannot return to their previous job find new employment or receive retraining.
Death benefits – Offers financial support to the family of a worker who dies from a job-related injury or illness.
These benefits are available regardless of who caused the accident, which means workers do not have to prove negligence to receive compensation. However, in exchange for these benefits, workers generally cannot sue their employer for additional damages.
The Basics of Personal Injury Claims
Unlike workers' compensation, personal injury claims require proof that someone else’s negligence caused the injury. These claims can provide broader compensation, including damages for pain and suffering, emotional distress, and full wage loss.
A personal injury claim may be an option if a third party—someone other than the employer—was responsible for the injury. For example, if a worker is injured in a car accident while making a delivery, they may have a personal injury claim against the at-fault driver.
Similarly, if a defective piece of equipment causes an injury, the worker may have a product liability claim against the manufacturer.
Key Differences Between Workers' Compensation and Personal Injury Claims
While both types of claims involve injuries, they follow different rules and offer different types of compensation.
Fault vs. No-Fault System
Workers' compensation is a no-fault system, meaning employees don’t have to prove their employer was responsible for the injury. Even if the worker made a mistake that contributed to the accident, they are still eligible for benefits.
Personal injury claims, on the other hand, require proof of negligence. The injured person must show that another party acted carelessly and that their actions directly caused the injury. Without this evidence and without a personal injury attorney, a personal injury claim won’t be successful.
Compensation Differences
Workers' compensation covers medical bills and a portion of lost wages, but it doesn’t provide compensation for pain and suffering. Even if a worker experiences severe pain, emotional distress, or a diminished quality of life, workers' compensation won’t cover these losses.
A personal injury claim can provide compensation for:
Medical expenses – Covers current and future medical treatments related to the injury.
Lost wages and earning capacity – Compensates for lost income, including future earnings if the injury affects long-term employment.
Pain and suffering – Accounts for physical pain, emotional distress, and reduced quality of life.
Punitive damages – In rare cases, courts may award additional compensation to punish especially reckless behavior.
Because personal injury claims offer broader compensation, they can result in significantly higher payouts than workers' compensation claims. However, proving negligence is required, which can make these claims more challenging.
Right to Sue
One of the biggest trade-offs with workers' compensation is that employees generally cannot sue their employer for additional damages. This rule protects employers from lawsuits while guaranteeing employees some level of financial support.
With personal injury claims, injured individuals have the right to sue the at-fault party. This means they can take legal action against a negligent driver, a careless property owner, or a manufacturer of defective equipment. If an employer intentionally caused harm, a lawsuit may also be an option, though this is rare. Be sure to work with a personal injury attorney.
When Can an Injured Worker File a Personal Injury Claim?
While workers' compensation is often the only option for job-related injuries, there are situations where a personal injury claim may be possible. Some common scenarios include:
Injuries Caused by a Third Party
If someone other than the employer or a coworker caused the injury, the worker may have a personal injury claim. For example, if a delivery driver is hit by a distracted driver while on the job, they may be able to file a claim against the at-fault driver.
Similarly, if a subcontractor on a construction site causes an accident, an injured worker may have a claim against the subcontractor or their employer. These third-party claims allow injured workers to recover damages beyond what workers' compensation provides.
Defective Products and Equipment
If a worker is injured due to defective machinery, tools, or safety equipment, they may have a product liability claim against the manufacturer. These claims require proof that the product was defective and that the defect directly caused the injury.
For example, if a power tool malfunctions and causes a severe hand injury, the worker may be able to hold the manufacturer responsible. In these cases, compensation can include medical bills, lost wages, and pain and suffering. A personal injury attorney can help.
Toxic Exposure
Workers exposed to harmful chemicals or substances on the job may be able to file a personal injury claim against the manufacturer or supplier. Exposure to asbestos, benzene, or other toxic substances can cause serious health conditions, including cancer and respiratory diseases.
If an employer knowingly exposed workers to hazardous conditions without proper safety measures, there may also be grounds for legal action. These cases can be more challenging, but they may provide additional compensation beyond workers' compensation benefits.
Choosing the Right Legal Path
Deciding between a workers' compensation claim and a personal injury claim depends on the circumstances of the injury. In many cases, workers' compensation is the only option, but if a third party was involved, a personal injury claim may provide additional compensation.
As an experienced personal injury attorney, we help injured workers explore all available options. Workers' compensation provides important benefits, but it doesn’t always cover the full cost of an injury. When negligence plays a role, pursuing a personal injury claim can make a significant difference in a worker's financial recovery.
Reach Out Today
Filing a workers' compensation or personal injury claim can be overwhelming, especially while recovering from an injury. Insurance companies often try to minimize payouts, and employers may dispute valid claims. Having an experienced personal injury attorney on your side can make all the difference. The Tourigny Law Firm LLC serves clients in Kansas City, Missouri. Get in touch today.
