When you’re injured at work, your first thought might be to file a workers’ compensation claim. In most cases, workers’ comp is the primary way employees receive benefits for on-the-job injuries. However, there are some situations where you may also have a valid personal injury (PI) lawsuit, which could provide additional compensation.

This article will help you determine whether your injury qualifies for workers’ compensation alone or if you might have grounds for a personal injury case. You’ll also learn how to document your injury to preserve your legal options.

Workers’ Compensation vs. Personal Injury: What’s the Difference?
Before determining whether you can file a personal injury claim, it’s important to understand the difference between workers’ compensation and personal injury lawsuits:

Workers’ Compensation

• A no-fault system, meaning you don’t have to prove your employer was negligent.
• Provides medical coverage, partial lost wages, and disability benefits.
• Does not allow you to sue for pain and suffering

Personal Injury Lawsuit

Is My Injury Strictly a Workers’ Compensation Case?
Most workplace injuries fall under workers’ compensation, meaning you cannot sue your employer. These include:

• Accidental injuries while performing normal job duties.
• Slips, trips, and falls in the workplace (without gross negligence).
• Repetitive stress injuries (e.g., carpal tunnel, back strain)
• Equipment-related injuries (unless due to defective products or lack of required safety measures).

If your injury was a typical workplace accident with no outside negligence or wrongdoing, a workers’ compensation claim is likely your only legal remedy.

When Can I Also File a Personal Injury Lawsuit?
While workers’ compensation covers most workplace injuries, there are exceptions where you may also have a personal injury case.

Employer Intentional Harm or Gross Negligence
If your employer intentionally harmed you or acted with extreme negligence, you may have grounds for a lawsuit.

Example 1: Your employer physically assaults you.
Example 2: You are forced to work in dangerous conditions without protective gear, despite repeated complaints.
Example 3: Your employer knowingly exposes workers to toxic chemicals without warning.

If the injury resulted from deliberate misconduct or gross negligence, you should consult an attorney about a potential lawsuit.

Third-Party Liability: Someone Other Than Your Employer Caused the Injury
If another party—besides your employer—was responsible for your injury, you may sue them while still receiving workers’ comp benefits.

Example 1: A defective machine malfunctions and causes your injury (possible claim against the manufacturer).
Example 2: A subcontractor or another company’s employee causes an accident that injures you.
Example 3: A property owner fails to address unsafe conditions, leading to your injury at an off-site location.

In these cases, a third party may be liable, allowing you to file a personal injury lawsuit for additional damages, along with your workers’ compensation claim.

Employer Does Not Carry Workers’ Compensation Insurance
If your employer is required to provide workers’ compensation insurance but fails to do so, you may be able to sue them directly for damages. If you suspect your employer is uninsured, consult an attorney immediately.

How to Document Your Injury to Preserve a PI Case
If you believe you might have a personal injury case, proper documentation is crucial. Here’s what to do:

1. Report the injury immediately – Notify your employer in writing and request an incident report.
2. Take photos and videos – Capture the scene, equipment involved, and any visible injuries.
3. Get witness statements – Coworkers or others who saw the accident can support your claim.
4. Keep medical records – Save doctor’s notes, treatment plans, and medical bills.
5. Consult a personal injury attorney – A lawyer can review your case and determine your legal options.

Even if you initially believe your injury is a standard workers’ comp case, early documentation can protect your rights if new evidence of negligence emerges later.

Most workplace injuries are covered by workers’ compensation, but some cases allow for a personal injury lawsuit as well. If your employer was grossly negligent, a third party caused your injury, or your employer lacks workers’ comp insurance, you may have additional legal options.