Key points
- Workers’ comp pays without proving fault, but usually bars a lawsuit against your employer.
- If someone other than your employer caused the injury, you can often bring a separate injury claim.
- The comp insurer usually gets repaid from the injury settlement.
A delivery driver is rear-ended on the job. A warehouse worker is hurt by a defective machine. Both can claim workers’ compensation, and both may also have a personal injury claim against someone else.
Workers’ comp in brief
Workers’ compensation pays medical care and part of lost wages for work injuries, regardless of fault. In exchange, it is usually the only remedy against your employer: you cannot sue your employer for pain and suffering.
Third-party claims
When someone other than your employer or a co-worker caused the injury, you can usually sue them too. Common examples:
- A driver who hit you while you were working
- The maker of a defective tool or machine
- A property owner where you were working, other than your employer
- A subcontractor on a construction site
How the two fit together
| Workers’ comp | Third-party injury claim | |
|---|---|---|
| Need to prove fault | No | Yes |
| Medical bills | Yes | Yes |
| Lost wages | About two-thirds | In full |
| Pain and suffering | No | Yes |
Repaying the comp insurer
The workers’ comp insurer usually has a lien on the third-party recovery for what it paid. State law decides how much, and many states reduce it for the fee and costs of getting the recovery.
Estimate both sides with the workers’ comp settlement calculator and the personal injury settlement calculator.