Understanding workers’ compensation claims vs personal injury lawsuits is essential for ensuring you pursue the best legal option for your situation. If you are injured on the job, you may be entitled to compensation for medical bills, lost wages, and other expenses. While most workplace injuries fall under Oklahoma’s workers’ compensation system, some cases allow injured employees to file a personal injury lawsuit instead.
What Is Workers’ Compensation in Oklahoma?
Workers’ compensation is a no-fault system to provide benefits to employees who suffer job-related injuries or illnesses. Under Oklahoma’s Workers’ Compensation Act, most employers must carry workers’ compensation insurance to cover workplace injuries, regardless of who was at fault.
Key Features of Workers’ Compensation:
- Covers medical expenses and lost wages for injured employees
- No need to prove employer negligence
- Limited compensation (does not cover full wages or pain and suffering)
- Employers are safe from lawsuits in most cases
What Benefits Can You Receive?
If you file a successful workers’ compensation claim, you may have a right to:
- Medical treatment and hospital expenses
- Temporary disability benefits (partial wage replacement)
- Permanent disability benefits (if your injury results in long-term impairment)
- Vocational rehabilitation (if you cannot return to your previous job)
- Death benefits (for surviving family members in fatal work injuries)
When Does Workers’ Compensation Apply?
You are eligible for workers’ compensation if:
- Your injury or illness occurred at work or during a work-related activity.
- You were an employee (not an independent contractor).
- You reported the injury to your employer within 30 days.
- The injury was not due to intoxication, horseplay, or intentional misconduct.
What Is a Personal Injury Lawsuit?
Unlike workers’ compensation, a personal injury lawsuit is based on fault. You must prove that another party’s negligence caused your injury to recover damages. In most workplace accidents, employees cannot sue their employers—but there are exceptions.
Key Features of Personal Injury Lawsuits:
- Must prove negligence or intentional wrongdoing
- May provide greater compensation, including pain and suffering
- Employer liability is limited, but third-party lawsuits are possible
- Cases may take longer to settle than workers’ compensation claims
When Can You File a Personal Injury Lawsuit Instead of Workers’ Comp?
You may be able to file a personal injury lawsuit if:
Your Employer Intentionally Harmed You
If your employer intentionally caused your injury (e.g., physical assault), you may have the right to sue.
A Third Party Caused Your Injury
If someone other than your employer or co-worker caused the accident, you may file a third-party lawsuit.
You Were Injured by a Defective Product
If a faulty machine or defective tool caused your injury, you may sue the manufacturer for product liability.
Your Employer Does Not Have Workers’ Compensation Insurance
Most Oklahoma employers must carry workers’ comp insurance, so if your employer fails to provide mandatory coverage, you can sue them for damages.
Oklahoma City Personal Injury Attorneys
If you are injured at work in Oklahoma, you may be entitled to workers’ compensation benefits, but in some cases, a personal injury lawsuit may be the better option. While workers’ comp provides medical and wage replacement benefits, a personal injury claim may offer additional compensation for pain and suffering. Knowing the difference of workers compensation vs personal injury can help you decide what’s best for you.
If you are unsure about your legal rights, our team at Kania Law – OKC Attorneys can help. Call us today at 405-367-8710 or ask a question online.
