Workers’ Compensation Vs. Personal Injury Claims; Similarities and Differences

Even though every party involved in personal injury claims and worker’s compensation has sustained an injury, they have significant differences. This implies that an injury is a common scenario, including the requirement for medical treatment.

Meanwhile, understanding the similarities and differences between workers’ compensation and personal injury claims increases your chances of winning a legal case. You will also be at an advantage when hiring a professional lawyer whenever needed.

pain and suffering

Before delving into the outstanding differences between workers’ compensation and personal injury claims, here are certain similarities you should know.

  • Injury & medical treatment

Both personal injury claims and workers’ compensation are only valid when the claimant has sustained an injury. In both cases, the injured individual will also need medical attention. Whether the offender will be paying for the medical treatment depends on both parties’ settlement or agreement. In critical cases, the situation may be presented in court.

  • The need for financial compensation

The injured individual in personal injury claims and workers’ compensation may get financial compensation. In some cases, they get money, while others receive related expenses. Meanwhile, you need to gather the necessary evidence you may have before your first meeting with a lawyer.

Differences Between Workers’ Compensation and Personal Injury Claims

Although it’s quite challenging to identify the differences between personal injury claims and workers’ compensation, understand that the former mandates a fault while the latter doesn’t. Here’s a detailed explanation of the major differences.

  • Fault determination

Anyone involved in workers’ compensation doesn’t need to prove they were offended. On the other hand, the complaint laying a personal injury claim need to prove a fault exists via video, audio, or witness evidence. The employer can pay for damages in workers’ compensation, even if the claimant caused the injury.

  • Benefits or compensation

In a personal injury claim, you are entitled to compensation for every damage, including any suffered or pained implication. Meanwhile, the injured person in workers’ compensation only gets medical expenses or lost wages without compensation for pain and suffering.

  • Right to sue

You don’t necessarily need a legal attorney to represent you regarding workers’ compensation. On the other hand, you may be required to get a legal attorney for a personal injury claim. The sue process also differs for workers’ compensation and personal injury claims. The former requires you to file a claim with your employer, while the latter allows you to file a lawsuit against the offender.

Rounding Up

It will help if you seek legal counsel before filing workers’ compensation and personal injury claim. You may reach out to our attorney for professional advice. Experts will also check your legal history to identify if there is anything that could implicate your claims.