Know Your Path: Personal Injury or Worker's Compensation
September 2025
A person who is hurt at work is brought into a complex legal system. The two legal systems at work are worker's compensation and personal injury. The worker's compensation system is a no-fault system. It does not matter who was at fault for the injury, and the injured worker is entitled to benefits. In exchange, for these benefits the injured worker gives up their right to sue their employer. The personal injury system is based on fault, which is also known as negligence. In this system, the injured worker must prove that someone else (a third party) was negligent in their actions and caused injury.
While you typically cannot sue your employer, you can bring a personal injury claim against a third party whose negligence caused or contributed to the injury. This can get very complex in some injury scenarios where many different parties may be at the injury scene.
If you were injured at work and believe a third party may be responsible, the best thing you can do is speak with a personal injury attorney. Understanding which system applies to the injury situation is crucial is obtaining just compensation. At Herrick & Hart, we have experience guiding injured workers through the personal injury system. We offer a free consultation on personal injury cases.