The Difference Between Personal Injury vs Workers Comp Claims

Suffering work-related injuries can put you out of work for some time. Washington’s workers’ compensation program allows you to recover compensation whether the accident is your or the employer’s fault. However, the program pays only economic damages, such as lost wages and medical expenses. It does not generally cover pain and suffering and other non-economic damages; although elements of mental health adversely affected by an industrial injury or occupational disease may be treated and may be compensable.

The type of damages you can recover is one of the significant differences in workers’ comp vs. personal injury cases. However, you can only file a personal injury lawsuit under certain circumstances.

An experienced attorney at McPartland Law Offices can help you recover the compensation you deserve, including workers’ compensation disability benefits if you suffer workplace injuries or lose a loved one because of a workplace injury or illness.

What Are the Key Differences Between Workers’ Comp and Personal Injury Claims in Washington?

Decades ago, Washington created the workers’ compensation system to benefit workers and employers. Before the system, workers filed personal injury lawsuits that lasted forever, leaving them unemployed and costing employers money for their attorneys.

The key differences between workers’ compensation benefits and filing a personal injury claim include:

1. Workers eligible to file for workers’ compensation do not have to prove negligence, whereas they do if they file a personal injury lawsuit.
2. Workers’ comp does not cover non-economic damages, while personal injury lawsuits could.
3. The statute of limitations for workers’ compensation claims for industrial injuries is one year and for workers’ compensation claims for occupational diseases is two years from the date of diagnosis, while it is generally three years to file a personal injury claim.

If you fail to file a claim or do not take legal action, you could lose your rights to recover any compensation for which you may be entitled.

Can I File Both a Workers’ Compensation and a Personal Injury Claim for the Same Injury in Washington State?

Depending on the facts of your case, you may be able to file two types of claims under workers’ compensation laws: a workers’ compensation claim and a third-party personal injury claim.

Filing a Workers’ Compensation Claim

If you suffer injuries on the job, you file a workers’ compensation claim. However, you could file a personal injury claim if someone other than your employer or another employee caused your injuries. If the condition from which you suffer is the result of occupational exposure or specific conditions of your occupation, you could file an occupational disease claim.

Filing a Personal Injury Claim

With third-party claims, you can retain your own attorney or use one provided by the Department of Labor & Industries (a Special Assistant Attorney General). However, workers’ comp gets reimbursed for their expenditures if you win your personal injury lawsuit. The agency’s attorney represents the workers’ comp agency and only cares about covering their exposure, so we do not recommend using their attorney; instead, you should retain your own attorney for increased chances at a preferable outcome. An in person consultation is recommended to illustrate the ways in which these respective options differ.

How Do Settlement Amounts Differ Between Workers’ Comp and Personal Injury Cases?

Worker’s Compensation Covers

Workers’ comp benefits cover only economic damages for a work-related injury, including:

• Medical expenses
• Lost wages – including time loss compensation and loss of earning power benefits
• Permanent Partial Disability Benefits
• Total Permanent Disability Benefits (i.e. Pension)
• Claims Resolution Settlement Agreements (CRSA) – not typically recommended
• Death benefits, including a death pension

Personal Injury Claims Cover

If you win a personal injury lawsuit, you can recover economic damages and non-economic damages such as:

• Pain and suffering, including emotional distress
• Loss of quality of life
• Loss of companionship and/or consortium

The ability to recover non-economic damages can significantly affect the amount and quality of care you receive during recovery. You may already be financially stressed from not working, but you can only recover expenses through workers’ compensation. You may receive additional compensation if you can file a personal injury lawsuit and prove negligence.

How Can a Washington Workers’ Compensation Lawyer Help?

Workers’ comp claims are often complex, especially if you suffered severe or catastrophic injuries or have a work-related illness. An experienced workers’ compensation attorney can help in several ways, including:

• Helping you receive all benefits you should receive based on your case
• Providing a free, no-risk evaluation of your workers’ compensation case
• Helping you receive compensation for all relevant medical conditions allowed
• Navigating the appeals process
• Coordinating care for out-of-state workers

Why Clients Choose McPartland Law Offices For Their Workers’ Compensation and Personal Injury Claims

McPartland Law Offices is experienced in handling personal injury claims. The firm helps injured workers recover the compensation they deserve for workplace injuries.

Testimonials

“Bryce and his team were wonderful to work with. They helped us navigate the personal injury claim process, and Bryce always took the time to answer any questions we had. I really appreciated the approach they took with our claim, and the outcome was great. I would absolutely recommend this practice to anyone looking for a personal injury attorney!” — Dalari A.

“I went into McPartland Law Office not knowing what to do. And they helped me so quickly and got me where I needed… Fast and uncomplicated. The best service hands down” — Denise M.

McPartland Law Offices Fights for Injured Washington Workers

When you need guidance for a workers’ compensation claim, especially when you may be entitled to file a personal injury lawsuit at the same time, an experienced personal injury lawyer at McPartland Law Offices can help.

Ready to get started? View testimonials from satisfied clients, and call us at 866-226-6833. Alternatively, you can fill out our online contact form to speak with an experienced truck accident attorney at McPartland Law Offices today.