Workers' Comp vs. Personal Injury Claims After a Job Injury
Workers' comp is usually your only remedy against your employer, but you can sue a negligent third party. How comp liens and Texas nonsubscribers work.
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When you are hurt on the job, the first claim is usually workers' compensation, not a lawsuit. Workers' comp pays medical bills and part of your lost wages without proving anyone was at fault, but in most states it also limits your right to sue your employer. A separate personal injury claim may still be possible against someone other than your employer, such as a driver who hit you on a delivery route, the maker of a defective machine, or the owner of a site where you were working as a contractor.
This category's guide compares the two routes: what each one pays, what you give up, and why the deadlines for reporting a workplace injury can be much shorter than a lawsuit deadline. Read it before you sign anything from an insurer or accept a settlement offer, because choices made in the first weeks can affect the other claim. Workers' compensation is run state by state, so look up your state's workers' compensation agency for the forms and deadlines that apply to you.
Workers' comp is usually your only remedy against your employer, but you can sue a negligent third party. How comp liens and Texas nonsubscribers work.
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