Getting injured on the job can be overwhelming, especially when unsure of what legal path to take. In New Hampshire, most employees are covered by workers’ compensation, but some workplace injuries also qualify for a personal injury lawsuit. Understanding the difference between these two options is essential for protecting your rights and recovering the compensation you deserve.
At Elmore Law Office, our Portsmouth attorney helps injured workers throughout New Hampshire and Massachusetts navigate the aftermath of workplace injuries. Here’s how to tell whether a workers’ comp claim, a personal injury lawsuit, or both may apply to your case.
What Is Workers’ Compensation?
Workers’ compensation is a no-fault system designed to cover most job-related injuries. In New Hampshire, employers are required to carry workers’ compensation insurance for their employees.
If you’re hurt on the job, you may be eligible for:
- Medical treatment for your injury.
- Wage replacement for missed work.
- Temporary or permanent disability benefits.
- Vocational rehabilitation, if needed.
You do not have to prove your employer did anything wrong to receive benefits. However, in exchange for these guaranteed benefits, you give up the right to sue your employer in most cases, even if negligence played a role in your injury.
When Does a Personal Injury Claim Apply?
You may have a personal injury claim and a workers’ comp case in certain situations. A personal injury lawsuit can apply when a third party—someone other than your employer or co-worker—caused or contributed to your injury.
Examples include:
- A subcontractor’s negligence on a shared job site.
- Defective machinery or safety equipment.
- A reckless driver hit you while you were driving for work.
- Unsafe property conditions at a site not owned by your employer.
Unlike workers’ compensation, a personal injury claim requires proof of negligence.
But if successful, it may allow you to recover damages not covered by workers’ comp, including:
- Full lost wages and future earnings.
- Pain and suffering.
- Emotional distress.
- Loss of enjoyment of life.
Why the Difference Matters
If you only pursue workers’ comp, you may leave money on the table—especially if your injury has long-term consequences. However, personal injury lawsuits are more complex and require a thorough investigation.
At Elmore Law Office, we help clients assess all legal options based on the details of their injury, the parties involved, and the long-term impact. We’ll help you file your workers’ comp claim and determine whether a separate personal injury claim is possible.
Contact Elmore Law Office Today
If you’ve been injured in New Hampshire or Massachusetts, don’t assume workers’ compensation is your only option. Contact Elmore Law Office at (603) 929-1117 or fill out our online contact form for a free consultation. We’ll help you understand your rights and pursue the path that maximizes your recovery, so you can focus on healing and moving forward.
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