Differences Between Personal Injury and Workers’ Compensation Claims

The premise of personal injury and workers’ compensation lawsuits is similar; they are intended to provide benefits to an injured individual. This is why many people are often confused about their differences.

Personal injury and workers’ compensation claims differ in many aspects. Yet, not a lot of people know about it. If you want to file a claim, it’s best that you learn about the differences between a personal injury and a workers’ compensation claim first. This will help you understand the concepts that apply to your case and the options available to you.

Personal Injury Claims

If a party or a specific person is at fault, you can file a personal injury lawsuit. Cases under this category involve negligence, which means that a person or an institution has failed to provide the appropriate level of care needed to keep everyone safe.

In this type of case, establishing the fault of the other party is required. Your personal injury lawyer is required to present evidence proving that you have sustained your injuries from the accident. This is crucial in order to obtain compensation. You will be entitled to compensation for all types of damages, including medical bills, permanent impairment, loss of earning capacity, and pain and suffering.

Workers’ Compensation Claims

If you’ve been injured while performing work-related duties, you’ll be entitled to workers’ compensation. However, unlike personal injury cases, establishing fault in this type of case is not required. Due to this reason, you will not be able to sue your employers or co-workers.

With workers’ compensation laws, you can get some benefits for your medical bills, vocational rehabilitation, and permanent impairment. However, the law waives your rights to sue your employer. Your workers’ compensation attorney may also appeal on your behalf if an insurance company denies your claim.

Which One Do You Need?

Personal injury and workers’ compensation claims are different. The only similar aspect these two have is the complicated legal process. Before you pursue a claim, you have to understand the factors of your case.

If you were injured due to the negligence of another person, immediately contact Vanover, Hall & Bartley’s personal injury attorney. But if you sustained work-related injuries, you can reach out to our workers’ compensation attorney today.