A “work-related” injury for purposes of workers’ compensation benefits can include any number of incidents and can even happen outside the workplace; if you were making a delivery in a company truck and got into an accident or you injured your back while installing a large appliance at a customer’s home, for example.

One of the many unique characteristics of workers’ compensation is that it is usually the exclusive remedy that an injured worker has against his or employer for compensation related to that injury. Generally, an injured worker cannot sue their employer for damages in a personal injury lawsuit arising out of a work-related injury. Since workers’ compensation benefits are limited, this often leaves workers without compensation for pain and suffering or other damages that may be available in a civil personal injury lawsuit.

There are, however, situations where an injured worker may have a claim against other parties.  Some of these situations include:

If the injury was caused by a machine or a piece of equipment that was defective or unreasonably dangerous, a claim may be made against the manufacturer of the equipment;

If the injury was caused by a toxic substance, the manufacturer of the substance may be liable;

If the injury was caused by a third-party, such as the driver of another car, a claim may be made against that person or company.