Work injuries threaten the health and financial security of workers. A work-related injury may occur in a single accident or over a period. Whether you are suffering from a sudden trauma or occupational illness, you deserve help with medical bills and mounting costs. In this blog, our Grand Forks & Minot personal injury attorneys discuss how you can receive benefits from workers’ compensation claims and third party workplace accident lawsuits.
Workers’ Compensation Claims in North Dakota
Most North Dakota employers are required to purchase workers’ compensation insurance for their employees. If an employee is injured on the job, they can receive benefits to aid in their recovery and facilitate a return to work. Benefits you may receive for a workplace injury include:
Medical Benefits
The insurance company pays for necessary medical treatment for injuries caused by a workplace accident. You can receive medical benefits until you fully recover from your injuries. There is no maximum dollar or duration limit on medical benefits.
Wage Loss Benefits
Injured workers receive temporary total disability (TTD) if their injuries prevent them from working. They can collect TTD for up to 104 weeks or until they reach maximum medical improvement. If the worker can return to light duty, they may be eligible to receive temporary partial disability (TPD) benefits if their earnings are less than they were before the accident.
Permanent Disability Benefits
If a work injury results in a permanent disability, workers may receive ongoing disability payments. They may also receive Additional Benefit Payable (ABP), a post-retirement benefit that becomes payable when disability payments end upon reaching retirement age. The amount of disability benefits depends on the severity of the impairment and other factors.
Personal Expenses and Return to Work Benefits
Workers may also receive reimbursement for some personal expenses, including travel to medical appointments. They may also receive retraining, vocational case management, and other assistance when they are ready to return to work.
Third Party Workplace Accident Lawsuits in North Dakota
Generally, workers cannot sue their employers for workplace accidents. They are limited to claiming workers’ compensation benefits. However, if a third party is responsible for causing the injury, the worker may be able to file a third-party personal injury claim against the at-fault party.
Examples of third party workplace accident claims include:
- Injuries from automobile accidents caused by other drivers while the worker is on the job
- Product liability claims for injuries from defective products, such as machinery, ladders, and tools
- Premises liability claims for accidents caused by hazardous property conditions
Personal injury claims are based on negligence, intentional torts, and strict liability. An injured worker may receive compensation for economic and non-economic damages, including:
- Medical bills
- Lost wages
- Pain and suffering
- Out-of-pocket expenses
- Loss of enjoyment of life and quality of life
- Rehabilitative therapy
- Diminished earning capacity
- Impairments, disabilities, and disfigurement
- Emotional distress and mental anguish
The value of damages depends on your injuries, financial losses, and the strength of your evidence proving your claim.
Differences Between Worker’s Comp and Third Party Personal Injury Claims for Workplace Accidents
A worker can file a third party claim even though they receive worker’s compensation benefits. However, there are several distinct differences between the two types of compensation:
- Workers’ comp focuses on helping the worker return to work. A personal injury claim focuses on compensating the victim for the harm they sustained because of another party’s negligence or wrongdoing.
- You must prove the legal elements required to hold someone legally responsible for damages in a personal injury case. Workers’ compensation is a no-fault system that does not require proof of fault.
- Workers’ compensation does not compensate workers for pain and suffering damages or the full value of their loss of income. Personal injury claims may include these damages.
- Personal injury claims do not offer life-long disability benefits like workers’ compensation.
- Comparative fault applies in personal injury claims but not workers’ compensation. You can receive full benefits for workers’ comp even if you are partially to blame for your injuries. Your damages can be reduced or barred if you share fault in a personal injury claim.
Talk with an attorney after a workplace accident to determine all your options for compensation. A third party claim can provide additional money to help you recover and move on from work-related injuries.
Schedule a Consultation with Our Grand Forks & Minot Personal Injury Attorneys
A workplace injury can disrupt your life and cause financial hardship. You may be able to receive compensation from more than one source. Contact Pringle & Herigstad, P.C. to speak with an experienced Grand Forks & Minot personal injury attorney about your case.