Most people have always asked the difference between filing personal injury claim and a workers’ compensation. If you get injured while working, then you would want to file a worker’s compensation claim – but do you know that you can also file a personal injury claim?
Well, it is only natural to think that injured workers can only file a workers’ compensation claim, but there are also instances when personal injury claims are possible—if a third party’s laxity caused the accident that resulted to injury.
So, is there any difference between a personal injury claim and a workers’ compensation case? Yes! The most crucial difference is that a personal injury claim is essentially based on fault whilst a workers’ compensation case is not.
To recover damages against an individual for a car accident or just any type of negligence claim, the other individual must be negligent. This means that he or she must have done something out of the ordinary.
Fault Needed in a Personal Injury Case
A slip and fall accident is a perfect example of fault when it comes to a personal injury case. Just because you slipped and fell on somebody else’s property does not mean that the owner of the property was negligent. Sometimes accidents are, well, accidents…and no one is at fault.
However, for you to recover damages for slipping on somebody else’s property, you and your lawyer have to prove that the owner neglected his or her property. Also, if you are involved in a car accident, it is possible to recover damages from the other driver but only if he or she was at fault.
No Fault is needed in a Workers’ Compensation Case
In a workers’ compensation case, any injured employee is eligible to workers’ compensation benefits, with some restricted exceptions. Workers’ compensation doesn’t always have to do with fault. As an employee, you do not have to prove that your employer or even your co-workers did something wrong in order for you to get workers’ compensation benefits. Whether you were careless, and your carelessness resulted to the injury, you will still get workers’ compensation benefits.
The Real Pain and Suffering
In a workers’ compensation case, an individual cannot get benefits for pain and suffering. This is because the idea of workers’ compensation is fundamentally a tradeoff between business owners and labor.
Before states ratified workers’ compensation laws, suing employers for negligence was the only remedy for injured workers. If the employer was not found negligent in any way, or if the employee did not sue or file a claim against the employer, then the employee gets nothing.
Difference in Damages
The main difference in damages between a personal injury lawsuit and a workers’ compensation case is that in a workers’ compensation case you are not entitled to benefits for pain and suffering. But in a personal injury claim, you are eligiblefor all of the damages that you have suffered.
This often includes:
- Lost earning capacity
- Lost earnings
- Medical bills
- Future medical expenses
- Pain and suffering
- Permanent impairment
But when it comes to a workers’ compensation case, you are only able to get weekly reparation, permanent impairment benefits, professional rehabilitation, and medical bills.
But today, with the experience and representation of Sternberg | Forsythe, P.A. in both workers compensation cases and personal injury cases, you can be sure that we will fight to the end to get you the settlement you lawfully deserve. Call us on 561-687-5660 today for an absolutely free consultation on your injury case.