Workers’ Comp vs Personal Injury Cases

At Goldblatt + Singer, we understand how confusing the legal process can be after an injury. If you’re hurt, you may wonder if your claim falls under workers’ comp vs personal injury law. While both options provide compensation for injuries, they fundamentally differ in how fault is determined, what damages are available, and how claims are handled. Knowing the difference is essential to ensure you receive the full compensation you deserve, especially if your injury occurred on the job or due to someone else’s negligence.

Key differences: workers’ compensation vs personal injury

Workers’ compensation is a no-fault system designed to support employees injured while performing job-related duties. According to the U.S. government’s resource on workers’ compensation, these programs typically cover:

• Medical bills.
• Partial loss of wages.
• Rehabilitation costs.
• Death benefits to dependents.

However, personal injury claims involve injuries caused by another party’s negligence and are not limited to the workplace. In these cases, you may sue the responsible party and recover a broader range of damages.

Element of fault

Fault is not a factor in workers’ compensation claims, which means you do not have to prove your employer was negligent. As long as the injury occurred during the scope of your employment, you’re likely eligible for benefits, even if the accident was partly your fault.

In contrast, fault is central to a personal injury case. You must show that the other party owed you a duty of care, breached that duty, and that this breach directly caused your injury. For example:

• A distracted driver runs a red light and hits your vehicle.
• A property owner fails to fix a broken stair that causes a fall.

According to the American Judicature Society, you must establish:

• Duty of care
• Breach of duty
• Causation
• Actual damages

Damages compensated

Workers’ compensation benefits are limited and do not cover pain and suffering. In Missouri, these benefits are typically calculated based on your average weekly wage and the type of disability.

A personal injury claim, on the other hand, allows for broader financial recovery, such as:

• Full medical expenses (including future treatment)
• Lost income and loss of earning capacity
• Pain and suffering
• Emotional distress
• Punitive damages (in rare cases)

This difference often results in significantly higher compensation from a personal injury lawsuit, especially in serious injury cases.

Can I file both claims?

Yes, in some cases—but it depends on the situation.

There are certain scenarios where both types of claims may apply:

• You were injured at work by a third party (e.g., delivery driver, manufacturer)
• A defective product or a toxic substance caused your workplace injury
• A contractor or subcontractor, not your employer, was involved

In Missouri, you cannot sue your employer if workers’ comp applies, but you may file a personal injury lawsuit against a third party while also receiving workers’ compensation benefits. This type of dual claim is complex and often requires experienced legal counsel to ensure both cases are properly handled.

Key examples where both claims may apply:

• Faulty scaffolding provided by another company injured a construction worker.
• An office employee was rear-ended by a non-employee while running work errands.
• Warehouse worker hurt by a defective forklift.

When should I contact a lawyer?

Immediately after an injury, especially if you’re unsure what type of claim you qualify for.

Injuries often come with uncertainty, stress, and financial pressure. Speaking with a personal injury lawyer early ensures your rights are protected.

• Determine if their case qualifies as a personal injury or workers’ compensation claim
• Gather essential documentation (e.g., medical records, witness statements)
• File within Missouri’s deadlines (often two years for personal injury and 30 days to notify your employer for workers’ comp)
• Maximize available compensation by exploring all possible legal routes

You may especially need a lawyer if:

• Your injury was severe or disabling
• Your claim was denied
• You’re being pressured to settle early
• A third party was involved

Missouri employers are legally required to carry workers’ comp insurance, but navigating the system without guidance can result in underpayment or denial. Similarly, personal injury defendants may have powerful insurance companies working to minimize your payout.

Call a Missouri Injury Lawyer Today for Trusted Guidance

If you’ve been hurt and don’t know whether workers’ comp vs personal injury law applies to your case, don’t leave your recovery to guesswork. We’ll evaluate every detail, explain your options clearly, and fight for the full compensation you deserve. The sooner you reach out, the sooner we can protect your rights. Schedule your free consultation today by calling us at (314) 231-4100.