Workplace Injury Claims

How Workers' Compensation Works

Workers' compensation is a no-fault insurance system that provides benefits to employees injured on the job, regardless of who caused the accident. In exchange for these guaranteed benefits, employees generally give up the right to sue their employer directly for the injury (with limited exceptions).

Workers' compensation benefits typically cover medical treatment related to the injury, a portion of lost wages during recovery (often a percentage of average weekly wage, subject to caps), and compensation for permanent impairment if the worker doesn't fully recover. Benefits may also be available to survivors if a workplace accident results in death.

Importantly, fault generally doesn't matter in the workers' compensation system — even if an injury was partly the worker's own fault, benefits are typically still available, as long as the injury arose out of and in the course of employment (with some exceptions, such as injuries caused by intoxication or horseplay).

When a Third-Party Lawsuit May Be Possible

While workers' compensation generally bars lawsuits against an employer, injured workers may still be able to file a separate personal injury lawsuit against a third party whose negligence contributed to the accident. Common examples include a defective tool or machine manufacturer, a negligent driver (for delivery workers, truckers, or anyone injured in a vehicle accident while working), a subcontractor on a construction site, or a property owner where the injury occurred.

These third-party claims can be valuable because they may allow recovery of damages not available through workers' compensation, such as full pain and suffering compensation, which workers' comp typically does not provide.

In some cases, both a workers' compensation claim and a third-party lawsuit can proceed simultaneously, though there are often rules about reimbursing the workers' compensation insurer (called subrogation) from any third-party settlement or verdict.

Common Causes of Workplace Injuries

Workplace injuries vary widely depending on the industry. In construction, falls from heights, being struck by objects, electrocution, and being caught in or between equipment are among the most common causes of serious injury and death. In warehouses and factories, repetitive strain injuries, forklift accidents, and machinery-related injuries are common.

Office environments aren't immune either — slip and falls, repetitive stress injuries from computer work, and ergonomic issues can all lead to workers' compensation claims. Regardless of the industry, employers generally have a legal obligation to provide a reasonably safe working environment and comply with applicable workplace safety regulations.