Injured Workers Workers’ Compensation Vs. Personal Injury Lawsuits

$While there are instances in which a personal injury lawsuit may be appropriate for a work-related injury, there are many things to understand before moving forward with such a claim. Many employers are required to carry a form of insurance to ensure that employees who are injured or become ill due to their jobs do not have to pay for the expenses associated with those illnesses or injuries. This insurance is workers’ compensation. For some injuries, a worker may wonder if workers’ compensation claims will provide enough financial relief to fully cover the costs of treatment, missed work, and other expenses resulting from their work-related ailment. You may also wonder if you can file personal injury lawsuits instead of or along with your workers’ compensation claim. If you are dealing with a work-related injury in the Vancouver-Portland area or southwest Oregon or Washington, call one of the experienced construction accident attorneys with Schauermann Thayer at (360) 695-4244 to discuss your legal options. Their knowledgeable construction accident lawyers have successfully represented many people in worksite injury claims, including a temporary agency employee who was injured when a large roll of material fell from a crane and caused extensive leg injuries, obtaining $1.6 million for the injured worker. Can I Have Both a Workers’ Compensation Claim and a Personal Injury Claim for the Same Injury? In Washington, injured workers cannot sue their own employer or a coworker for a job-related injury unless the injury was caused by gross negligence. Worksite personal injury lawsuits are most common for temporary employees and situations in which a worker is injured by a third party while working. When a Third Party Is At Fault If an employee is injured while on the job and the party responsible for their injury is neither their employer nor a coworker, the injured worker may be able to file a personal injury lawsuit. Personal injury lawsuits filed to hold outside parties to account are also known as third-party claims, and may sometimes be filed alongside any workers’ compensation claims. Examples of a third-party claim may include: ● Being injured in a vehicle accident ● Being injured by defective equipment or products ● An accident offsite of the employer’s usual place of business ● Unsafe worksites ● Being injured due to the negligence of the general contractor or another subcontractor How Workers’ Compensation and a Third-Party Claim Work Together If a third party is at fault for the work-related injury, workers’ compensation anticipates being reimbursed for medical treatments and other expenses by the settlement in that third-party claim if it is successful. Both states will send a “Notice of Election.” In Washington, this notice is sent by the Washington State Department of Labor & Industries. In Oregon, it will be sent by the Oregon Workers’ Compensation Division. This notice allows the injured worker to select their own lawyer to represent them in the third-party claim, or to let the workers’ compensation program provide a lawyer to represent them. A lawyer is not required, but injured workers should understand that if they opt to let the workers’ compensation program provide a lawyer, that lawyer will be representing workers’ compensation, not the worker. This means the claim may be settled for less than the worker is otherwise entitled to, as workers’ compensation only wants to be reimbursed. What Personal Injury Damages Are Awarded? In personal injury lawsuits, common damages include: ● Reimbursement for medical treatments ● Lost wages ● Reimbursement for damages to or loss of use of property due to the injury ● Money for loss of consortium ● Emotional distress ● Pain and suffering ● Disability Advances in medicine are leading to longer life expectancies for personal injury victims. Therefore, victims with long-lasting injuries requiring ongoing medical care and rehabilitation are entitled to more compensation and should consider this when they are attempting to price their demands for a settlement. Punitive damages, or money given to the plaintiff as a punishment to the defendant, is often something people want to include in personal injury lawsuits. Washington law does not allow punitive damages. Oregon does allow punitive damages, but the plaintiff must prove specific elements, and the Oregon Legislature requires that 70% of those punitive damages be paid to the state. Workers’ compensation claims do not allow for punitive damages. If you have other questions regarding personal injury damages, a construction accident attorney with Schauermann Thayer may be able to assist you. What Is the Difference Between Workers’ Compensation and OSHA? The Occupational Health and Safety Administration (OSHA) is a governmental agency overseeing worksite safety. OSHA regulations require employers to report recordable workplace injuries and illnesses. OSHA defines recordable injuries and illnesses as: ● Any injury that results in a loss of consciousness, days away from work, restricted work duties, or transfer to another job ● Any injury requiring treatment beyond first aid ● Any work-related diagnosed cancer, chronic irreversible diseases, punctured ear drums, and fractured or cracked bones or teeth ● Needlesticks and sharps injuries, medical removal, hearing loss, and tuberculosis (special reporting criteria apply to these) Reporting an injury to OSHA is different than reporting it to worker’s compensation. A report to OSHA will sometimes trigger an investigation into the cause of the injury, and it could result in civil penalties against the employer. Reporting an injury to a workers’ compensation entity will give the injured worker access to benefits, such as for medical treatment and lost wages. For example, if an employee gets a small cut that is treatable with some simple cleaning and a bandage, it would not be considered reportable by OSHA. However, the employee should still report it so that if the cut becomes infected and requires a doctor’s appointment and antibiotics, these would be paid for by workers’ compensation. Can You Get Pain and Suffering From Workers’ Compensation? Neither Oregon nor Washington allows pain and suffering as part of workers’ compensation lawsuits or claims. Workers’ compensation claims pay for objective expenses related to the work injury, such as lost wages and medical expenses, which can be easily quantified with documents such as pay stubs or doctor bills. In personal injury lawsuits, pain and suffering can be part of the claim. Do You Need Help From a Construction Accident Lawyer for you Personal Injury Claim? If you or a loved one have been injured at a work site, you may have questions about construction work site accidents. If a third party was at fault, you may also have questions about personal injury lawsuits. In either case, the knowledgeable construction accident lawyers with Schauermann Thayer may be able to help you understand your legal options. Call (360) 695-4244 today to schedule a free consultation.$

While there are instances in which a personal injury lawsuit may be appropriate for a work-related injury, there are many things to understand before moving forward with such a claim. Many employers are required to carry a form of insurance to ensure that employees who are injured or become ill due to their jobs do not have to pay for the expenses associated with those illnesses or injuries. This insurance is workers’ compensation. For some injuries, a worker may wonder if workers’ compensation claims will provide enough financial relief to fully cover the costs of treatment, missed work, and other expenses resulting from their work-related ailment. You may also wonder if you can file personal injury lawsuits instead of or along with your workers’ compensation claim. If you are dealing with a work-related injury in the Vancouver-Portland area or southwest Oregon or Washington, call one of the experienced construction accident attorneys with Schauermann Thayer at (360) 695-4244 to discuss your legal options. Their knowledgeable construction accident lawyers have successfully represented many people in worksite injury claims, including a temporary agency employee who was injured when a large roll of material fell from a crane and caused extensive leg injuries, obtaining $1.6 million for the injured worker.

Can I Have Both a Workers’ Compensation Claim and a Personal Injury Claim for the Same Injury?

In Washington, injured workers cannot sue their own employer or a coworker for a job-related injury unless the injury was caused by gross negligence. Worksite personal injury lawsuits are most common for temporary employees and situations in which a worker is injured by a third party while working.

When a Third Party Is At Fault

If an employee is injured while on the job and the party responsible for their injury is neither their employer nor a coworker, the injured worker may be able to file a personal injury lawsuit. Personal injury lawsuits filed to hold outside parties to account are also known as third-party claims, and may sometimes be filed alongside any workers’ compensation claims.

Examples of a third-party claim may include:

Being injured in a vehicle accident
Being injured by defective equipment or products
An accident offsite of the employer’s usual place of business
Unsafe worksites
Being injured due to the negligence of the general contractor or another subcontractor

How Workers’ Compensation and a Third-Party Claim Work Together

If a third party is at fault for the work-related injury, workers’ compensation anticipates being reimbursed for medical treatments and other expenses by the settlement in that third-party claim if it is successful. Both states will send a “Notice of Election.” In Washington, this notice is sent by the Washington State Department of Labor & Industries. In Oregon, it will be sent by the Oregon Workers’ Compensation Division.

This notice allows the injured worker to select their own lawyer to represent them in the third-party claim, or to let the workers’ compensation program provide a lawyer to represent them. A lawyer is not required, but injured workers should understand that if they opt to let the workers’ compensation program provide a lawyer, that lawyer will be representing workers’ compensation, not the worker. This means the claim may be settled for less than the worker is otherwise entitled to, as workers’ compensation only wants to be reimbursed.

What Personal Injury Damages Are Awarded?

In personal injury lawsuits, common damages include:

Reimbursement for medical treatments
Lost wages
Reimbursement for damages to or loss of use of property due to the injury
Money for loss of consortium
Emotional distress
Pain and suffering
Disability

Advances in medicine are leading to longer life expectancies for personal injury victims. Therefore, victims with long-lasting injuries requiring ongoing medical care and rehabilitation are entitled to more compensation and should consider this when they are attempting to price their demands for a settlement.

Punitive damages, or money given to the plaintiff as a punishment to the defendant, is often something people want to include in personal injury lawsuits. Washington law does not allow punitive damages. Oregon does allow punitive damages, but the plaintiff must prove specific elements, and the Oregon Legislature requires that 70% of those punitive damages be paid to the state. Workers’ compensation claims do not allow for punitive damages. If you have other questions regarding personal injury damages, a construction accident attorney with Schauermann Thayer may be able to assist you.

What Is the Difference Between Workers’ Compensation and OSHA?

The Occupational Health and Safety Administration (OSHA) is a governmental agency overseeing worksite safety. OSHA regulations require employers to report recordable workplace injuries and illnesses. OSHA defines recordable injuries and illnesses as:

Any injury that results in a loss of consciousness, days away from work, restricted work duties, or transfer to another job
Any injury requiring treatment beyond first aid
Any work-related diagnosed cancer, chronic irreversible diseases, punctured ear drums, and fractured or cracked bones or teeth
Needlesticks and sharps injuries, medical removal, hearing loss, and tuberculosis (special reporting criteria apply to these)

Reporting an injury to OSHA is different than reporting it to worker’s compensation. A report to OSHA will sometimes trigger an investigation into the cause of the injury, and it could result in civil penalties against the employer. Reporting an injury to a workers’ compensation entity will give the injured worker access to benefits, such as for medical treatment and lost wages. For example, if an employee gets a small cut that is treatable with some simple cleaning and a bandage, it would not be considered reportable by OSHA. However, the employee should still report it so that if the cut becomes infected and requires a doctor’s appointment and antibiotics, these would be paid for by workers’ compensation.

Can You Get Pain and Suffering From Workers’ Compensation?

Neither Oregon nor Washington allows pain and suffering as part of workers’ compensation lawsuits or claims. Workers’ compensation claims pay for objective expenses related to the work injury, such as lost wages and medical expenses, which can be easily quantified with documents such as pay stubs or doctor bills. In personal injury lawsuits, pain and suffering can be part of the claim.

Do You Need Help From a Construction Accident Lawyer for you Personal Injury Claim?

If you or a loved one have been injured at a work site, you may have questions about construction work site accidents. If a third party was at fault, you may also have questions about personal injury lawsuits. In either case, the knowledgeable construction accident lawyers with Schauermann Thayer may be able to help you understand your legal options. Call (360) 695-4244 today to schedule a free consultation.

By Schauermann Thayer | Posted on October 18, 2023