You may need to pursue a personal injury claim or a workers’ compensation claim if you have been injured on the job or in a traffic accident. However, a personal injury lawsuit and a workers’ compensation claim differ under various circumstances. Knowing the difference can help you assert your rights. You can also obtain your benefits or damages.
This guide differs between personal injury and workers’ compensation claims in the fault, damage, coverage, and process.
What is a Personal Injury Claim?
You file a personal injury claim in a legal case when someone injures you through another person’s or entity’s negligence or wrongful act. The claim intends to make the victim whole again and provide compensation for their economic and non-economic losses.
Personal injury cases typically consist of:
- Traffic incidents caused by a negligent motorist
- Slip and fall cases on unsafe property
- Medical malpractice
- Dog bites
- Product liability cases
To prevail in a personal injury case, you have to prove fault. Someone else must be responsible for your injury from negligence, recklessness, or intent.
What is a Workers’ Compensation Claim?
A workers’ compensation plan is an insurance coverage program that extends benefits to workers who suffer injuries at the workplace. Workers’ compensation laws are provided in all states and are intended to cover medical expenses and lost wages, regardless of the cause of the accident.
Some of the common injuries at the workplace that cause workers to make claims in the workers’ comp insurance include:
- Falls, slips, or trips at work
- Carpal tunnel and other repetitive stress injuries.
- Lift and strain back injury.
- Accidents of machinery or equipment.
- Loss of exposure to toxic substances.
In the majority of situations, the workers do not have to demonstrate the fault in order to get benefits. The employee is not allowed to be paid anyway, unless he has done something wrong, although, in most cases, the injury must have happened in the process of being employed.
The Key Differences Between Personal Injury and Workers’ Compensation Claims
Although the two systems have similarities in the sense that both assist injured individuals to come out of the situation financially, they operate in very different ways. The following are the key differences:
Fault vs. No-Fault
- Personal Injury: You must demonstrate that some other individual or entity injured you, and you need to show that they were negligent.
- Workers’ Compensation: It is a no-fault system. You do not need to demonstrate that your employer or colleague engaged in something wrong to get benefits.
This distinction of blame is among the largest dividers of the two systems.
Available Compensation Types
Personal Injury Claims: There is a broad scope of damages which you can recover, including:
- Medical expenses
- Compensation for lost earnings and future income.
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
Claims of Workers’ Compensation: There are fewer benefits. They typically include:
- Health services associated with the injury.
- Partial wage replacement (typically two-thirds of your average wage).
- Permanent disability benefits (as appropriate)
- Vocational rehabilitation
Notably, pain and suffering or emotional distress are not paid by workers’ compensation.
Who You Can Sue
- Personal Injury: You may sue the negligent party; a person, a business or a manufacturer.
- Workers’ Compensation: You are not usually allowed to bring an action against your employer because of an industrial accident. The workers’ Comp system is supposed to be your permanent solution.
Exceptions, however, exist. Assuming that a third party (a subcontractor, maker of equipment, or the owner of the premises) is a cause of your workplace injury, you may bring a personal injury claim on top of your workers’ comp claim.
Process and Legal Representation
The civil court system deals with personal injury claims, and may require negotiations with the insurance companies or trial proceedings should it be needed. Such cases may consume months or even years to complete, yet there can be increased compensation.
The compensation claims through workers’ compensation, on the other hand, are handled by a process administered by a state factor. You normally submit to the insurance carrier or the state workers’ compensation board of your employer. Though the process is smoother, there are still disputes which may occur, and hiring a workers’ compensation attorney can be one of the solutions to get all benefits.
When Both May Apply: Dual Claims
In other cases, both forms of claims can be used. For example:
An injured worker who was a delivery driver who was hurt in a car accident at the workplace can bring a workers’ compensation claim to receive reimbursement of medical and wage benefits, as well as a personal injury claim against the driver who caused the accident.
The ability to know how these claims interconnect and what compensation can be offered by each of them can be the key to your recovery.
What is the Right Type of Claim?
In case you have been hurt while doing your work, then the first thing to do is to make a workers’ compensation claim. It is created to offer timely provision of medical care and part-time income provision.
A personal injury claim can be the more appropriate way to take if you were hurt when you were not at work or by another person who is not an employee of your organisation.
That being said, all cases are different. By seeking the advice of an experienced personal injury attorney or workers’ compensation central coast lawyer, you can be able to see what your rights are and be mindful to take all the compensation you are entitled to.
Final Thoughts
Personal injury and workers’ compensation claims have a common end goal: they are both aimed at aiding you in recovery following an injury. However, the legislation, advantages and procedures of each of them differ greatly.
Assume you have been hurt and do not guess what the claim is. Consult with a skilled lawyer who will analyse your case, find all the potential sources of compensation and lead you through the process to the end.
Today, knowledge of your choices can be the difference between recovering tomorrow.