Off The Record – Workers’ comp – Insurance Claim Not Lawsuit

Today I want to talk about the distinction between a Workers’ Compensation claim and a lawsuit.

One of the biggest concerns people have when they call us after being injured on the job is that they don’t want to sue anyone. They tell us they don’t want to sue their employer because they like their job, they don’t want to create problems at work, or they simply don’t want to make any waves.

What I want you to understand is this:

A Workers’ Compensation claim is not a lawsuit against your employer.

It’s an insurance claim.

That means you’re generally entitled to two major benefits:

• Medical treatment for your work-related injury.
• Wage replacement benefits if you’re unable to work because of your injury.

I won’t get into all the details about wage replacement benefits here, but the important thing to remember is that filing a Workers’ Compensation claim does not mean you’re suing your employer.

The Workers’ Compensation system was created to protect injured workers by providing insurance coverage for workplace injuries.

It also protects employers because, in most cases, employees cannot sue their employer directly for injuries that occur on the job.

That’s why it’s so important to remember that a Workers’ Compensation claim is an insurance claim—not a lawsuit.

There are situations, however, where someone may have both a Workers’ Compensation claim and what’s called a third-party personal injury claim.

A third-party claim arises when someone other than your employer was responsible for causing your injury.

A common example is a motor vehicle accident.

If you’re driving for work and another driver causes a crash through their negligence, you may have:

• A Workers’ Compensation claim for your medical treatment and lost wages.
• A separate personal injury lawsuit against the at-fault driver and their insurance company.

These are two completely different legal claims, and they can proceed at the same time.

The key takeaway is this:

Filing a Workers’ Compensation claim does not mean you’re suing your employer. It’s an insurance claim designed to provide benefits after a work-related injury. In some situations, you may also have a separate claim against a negligent third party, but that is entirely separate from your Workers’ Compensation case.