In a work comp case, an injured worker may receive benefits without proving that someone else was negligent. This is different than the burden of proof in a personal injury case. In a personal injury case, the injured party often must prove who was at fault and that the other party was negligent in order to receive compensation. If you were hurt at work, the general rule is that your employer has workers’ compensation immunity and the employer is only required to provide benefits under the work comp laws. You can pursue a workers’ compensation claim even if your workplace injury was due to your own negligence.  Even if you can prove that your employer was negligent, you may still be limited to work comp benefits. If you can prove that your injury was virtually certain or that your employer had an intent to injure you, you may be able to pursue a personal injury claim against your employer. You are not limited to pursuing a personal injury claim against a 3rd party. This means that you can file a workers’ compensation claim and a personal injury claim if a 3rd party caused your work accident and injuries. Pursuing a negligence claim and work comp claim can be beneficial since you can allege pain and suffering in a personal injury claim. While you have a personal injury claim, often work comp will pay you lost wages and medical benefits. The workers’ compensation system was designed to help alleviate delays and stress. However, all too often the employer/carrier refuses to provide the injured worker the benefits they deserve. In most cases, Employers are required pay for workers’ compensation insurance coverage for their employees. This allows injured workers to receive compensation benefits and medical benefits regardless of whose fault it was as accidents happen.