Workplace Accident vs. Workers' Comp Claim: What's the Difference?
A workplace accident is often a workers' comp matter, but sometimes it's also a personal injury claim. Here's how to tell the difference.
Workers' compensation basics
Most workplace injuries are handled through workers' compensation, a no-fault system that generally covers medical bills and a portion of lost wages regardless of who caused the accident.
When a separate injury claim may exist
If a third party — a delivery driver, a contractor, or a defective equipment manufacturer — contributed to your injury, you may be able to pursue a separate claim against that party in addition to workers' comp.
Why this distinction matters
Workers' comp typically doesn't compensate for pain and suffering, while a third-party injury claim can. Knowing which applies (or both) affects what you can recover.
Reporting requirements
Workplace injuries usually need to be reported to your employer quickly to preserve your workers' comp rights — deadlines vary by state.