There are some key differences between workers’ compensation lawyers and personal injury claims, including the process, requirements, and benefits. Depending on your circumstances, you may be owed compensation from one or even both of the sources. To know which one you qualify for, you need to understand how workers’ comp benefits and personal injury claims work in Oklahoma.
Workers’ Comp vs. Personal Injury Claims
Workers’ compensation benefits are designed to help employees with work-related injuries and illnesses. These benefits may provide compensation for:
- Medical expenses
- Lost wages
- Disability benefits
- Vocational rehabilitation
- Job placement assistance
Anyone injured because of someone else’s negligence may be entitled to compensation from the at-fault party. Compensation from a personal injury claim may cover:
- Medical bills
- Lost wages
- Physical pain
- Emotional distress
- Loss of consortium
What Are the Main Differences Between Workers’ Comp Claims and Personal Injury Lawsuits?
Some of the biggest differences between a workers’ comp claim and a personal injury lawsuit include:
- Requirements – A personal injury lawsuit requires that the at-fault party had a duty of safety to you, breached that duty by acting negligently, and caused your injuries and losses. For a workers’ comp claim, you must be covered by your employer’s workers’ comp insurance in Oklahoma. You must also be able to show the injury or illness that happened while on the job.
- Compensation available – Workers’ compensation benefits in Oklahoma have some limits. For example, disability benefits are typically capped at 70 percent of your pre-injury wages. Personal injury claims can also provide compensation for losses not covered by workers’ comp, such as pain and suffering or punitive damages against the liable party.
- Process – When pursuing workers’ compensation benefits, you must submit a claim to the Oklahoma Workers’ Compensation Commission (OWCC). You may have to argue your case at a hearing, manage appeals, or negotiate a settlement. For a personal injury claim, you go through the legal process to file a claim. You will then either take your case to court or settle it beforehand.
- Proving liability – While you must prove your injury or illness is job-related for a workers’ comp claim, you do not have to prove your employer is at fault. In a personal injury lawsuit, you must prove that the at-fault party was negligent and caused your injuries.
To learn more about whether you have a workers’ comp or personal injury claim, contact an experienced personal injury lawyer in OKC.
Can I Get Both Workers’ Comp and Personal Injury Compensation?
In most cases, someone getting workers’ comp gives up their right to sue their employer. However, there can be other third parties at fault that may owe an injured worker compensation.
An employee on workers’ comp may also be able to pursue a personal injury lawsuit against negligent third parties such as:
- Manufacturers of defective equipment
- An at-fault driver
- Negligent subcontractors or vendors at the worksite
- Negligent government entities or vendors
An Oklahoma City personal injury lawyer can review your case and help you determine if a third party may also be responsible for compensating you. Contact the team at Ryan Bisher Ryan & Simons today for a free consultation.
We are Ryan Bisher Ryan & Simons, a legal firm that, for decades, has been fighting for the rights of hardworking Oklahoma residents. Our mission is to hold the powerful accountable.
