There is a big difference between personal injury (PI) attorneys and work injury (W/C) attorneys. Work injury attorneys focus on helping someone injured on the job. We refer to this as Workers Compensation (W/C) law.
W/C is a no-fault benefit for anyone injured on the job, regardless of fault. So even if the injured party is completely at fault for their own injury, they qualify for W/C coverage. Also, if their injury is due to the negligence of their employer or a co-worker, absent some fine line exceptions, W/C benefits would be their only remedy.
W/C benefits include the medical care necessary to treat the industrial injury/injuries, partial lost wages while unable to work because of one’s injuries, possible supportive (future) medical care once released from active care, and compensation for any functional permanent impairment as a result of one’s injuries. W/C provides no benefits or compensation for pain and suffering. A W/C Attorney’s fees are regulated by state statute Even the injured party was injured through the negligence of a third party, they have a potential PI injury claim, even if they were on the job at the time of their injury.
The PI claim includes the cost of the medical care, total lost earnings and lost earning capacity (if applicable), future medical (if needed), compensation for any permanent impairment, any other out of pocket expenses (mileage, etc), and pain & suffering (all the aggravation suffered because of the injury).
If the injured party received W/C benefits while also pursuing a third party PI claim, then from any third party PI recovery, the injured party would have to reimburse the W/C carrier for benefits paid through W/C. this is because much of the payment received in settlement of a third party BI claim were already paid by the W/C carrier.
Also, the W/C carrier usually gets a credit toward any future medical for the same injury in the amount of the injured party’s net in-pocket recovery from the third party BI claim.