Colburn Law

Work Injury vs. Workers Compensation Lawsuits

Workplace accidents can strike without warning, leaving injured workers facing medical bills, lost wages, and uncertainty about the future. The path to compensation can seem complex, with multiple options available depending on your situation.

While workers’ compensation provides immediate benefits regardless of fault, personal injury lawsuits may offer additional compensation when negligence causes your injuries. Your choice between these two paths can have a major impact on your future recovery.

A personal injury lawyer in Seattle can aid you with legal issues while you focus on recovery — call (206) 919-3215 today.

Top Reasons to Hire Colburn Law for Your Workers’ Comp Claim

• Greg Colburn’s years of experience mean he knows the intricacies of workers’ comp cases in Washington.
• You’ll have a lawyer who listens to you, understands your story, and is available to answer any questions you have.
• With our contingency model, there are no upfront fees—you only pay if we secure compensation for you.

The Key Differences Between Work Injury Claims and Workers’ Comp

Workers’ compensation operates as a no-fault insurance system, providing benefits to injured workers regardless of who caused the accident. Any eligible employee, whether full or part-time, can file a workers’ compensation claim if they are injured while performing their job duties.

By accepting workers’ compensation benefits, employees generally give up their right to sue their employer. However, if another party’s actions led to your accident, you may have grounds to file a work injury lawsuit. These claims typically target third parties, such as equipment manufacturers, contractors, or property owners—not your direct employer.

If a loved one was involved in a fatal accident at work, you should contact a Seattle wrongful death attorney instead to pursue full justice.

When Can You File a Personal Injury Lawsuit Instead of Workers’ Comp?

In most cases, a personal injury lawsuit is a viable option when another party bears responsibility for your workplace injury. You will need to show that negligence, or a failure to uphold a certain duty of care, caused your accident and the harm that you suffered.

Common scenarios that may lead to a third-party claim include:

• Defective equipment or machinery causing injury
• Accidents caused by hazards on properties owned by other companies
• Injuries caused by contractors or subcontractors
• Motor vehicle accidents that happen on the job
• Exposure to toxic substances caused by third parties

In very rare cases, you could pursue legal action against your employer for egregious negligence or intentional harm. A Seattle workers compensation lawyer can assess your situation and determine which path is right for you.

Benefits Available in Workers’ Compensation vs. Personal Injury Claims

Workers’ compensation typically provides benefits for medical treatment coverage and partial wage replacement during your recovery. If your injury results in a disability, you also have the right to recover temporary or permanent disability benefits. You can also secure compensation for vocational rehabilitation if you are no longer able to perform the same job.

Personal injury lawsuits, on the other hand, provide compensation in the form of damages. There are two categories: economic, which accounts for the tangible financial impact of the injury, and non-economic, which accounts for your physical and emotional pain and suffering. Common forms of damages include:

• Lost wages during treatment and recovery
• Past and future medical expenses
• Property damage sustained in the accident
• Loss of quality of life
• Permanent disability
• Emotional distress and mental anguish
• Accommodations for any disabling injuries

Discuss Your Path Forward with a Washington Workplace Injury Lawyer

If you were injured at work, it is important to consider your legal options very carefully. Every case presents unique circumstances that can affect your ability to pursue various forms of compensation. In these situations, trust Colburn Law to help you find the optimal path to recovery.

Our workplace injury lawyer will evaluate your case, explain your rights, and help determine the most advantageous path forward—whether that involves a workers’ comp claim or a third-party lawsuit. Contact us at (206) 919-3215 today for a free consultation today.