Workers Compensation vs. Premises Liability

Workers compensation and premises liability are two different systems of recovery that apply to different people. If a worker who is working at a grocery store becomes injured, for example, he will recover under the worker's compensation system. On the other hand, a customer who slipped and fell at that same grocery store would recover under premises liability laws.

Worker's Compensation System

The worker's compensation system is a strict liability system imposed in most states as an alternative to tort litigation for work injuries. Regardless of an employer's negligence, that employer will be liable for injuries an employee suffered arising out of his work duties. As long as the employee was not drunk or violating company policy, he will be entitled to recovery under the worker's compensation system as long as he can prove that the injuries in fact resulted from his job and that he actually did suffer such injuries.

A worker who is injured at work is, however, barred from suing in tort. His only recovery is under worker's compensation.

Premises Liability Law

Unlike worker's compensation, premises liability law is part of the tort system instead of an alternative to it. It applies to set the standard for determining if a premises owner is negligent when an individual is injured. Under premises liability law, people are grouped into three groups:

• Invitees, or those who are invited to a premises to do business with the owner or for the sole benefit of the owner, are owed the highest duty of care
• Licensees, or those invited somewhere for the mutual benefit of the guest and the premises owner, are owed an intermediate duty of care
• Trespassers, or those who come uninvited, are owed the lowest duty of care

When a person is injured at a premises and sues, he must argue which standard of care applies. The jury will then use that standard of care to determine whether the premises owner was negligent and thus liable for the injuries that occurred.

Getting Help

If you have been injured, you need to understand what rules apply to you. Consult with an experienced personal injury attorney who can explain premises liability law, the worker's compensation system, and other means of recovering for damages arising from an injury. Your attorney can help you determine how best to protect your rights and recover your damages given the nature and cause of your particular injuries.