Personal Injury Lawsuit & Workers’ Compensation – Difference in Claims

The major differences between a personal injury lawsuit and workers’ compensation claim lie in fault requirements as well as different forms of compensation available.

Any personal injury claim, unlike a worker’s compensation lawsuit, is firmly based on fault. To receive recovery damages for any injury resulting from a slip and fall, vehicle accident or any kind of negligence claim, it is must to prove that other involved party was negligent i.e. the person committed something wrong.

Fault Requirements for Personal Injury Claims

Let us explain the matter with a ‘slip and fall’ case. If any person slipped and fell on another person’s property, it never implies that the property owner was negligent. In some accidents, nobody can be held responsible for the mishap. If the injured person wants to receive recovery damages, his//her lawyer must prove that the property owner failed to maintain the property. Similarly, if you have picked up an injury resulting from a car accident, it is possible to recover damages from the other party i.e. the driver if only you can prove that the person was at fault.

No Fault Requirements in Workers’ Compensation Case

If any employee picks up an injury on the job, the person is entitled to claim for workers’ compensation benefits. However, there are some limited exceptions for compensation claims. Workers’ compensation is not related to fault. There is no burden on the injured worker to prove that the injury has something to do with any fault by the employer or co-worker. Even if the injury resulted from the person’s negligence, the inured is still entitled to obtain workers’ compensation benefits.

Different Damages

The biggest difference between a worker’s compensation claim and a personal injury lawsuit or claim is that the former does not allow the injured party to seek compensation for pain and suffering. On the other hand, the injured person in a personal injury lawsuit is entitled to receive benefits for all types of damages and suffering, including lost earning capacity, lost wages, permanent impairment, medical bills, expected medical expenses, hedonic damages, pain and suffering etc.

In any workers’ compensation lawsuit, the injured person is entitled to receive permanent impairment benefits, weekly compensation, vocational rehabilitation and medical expenses. The point to note here is a workers’ compensation claim does not grant damages for pain and suffering. It is mainly because, the concept of any workers’ compensation claim is a trade-off between the entrepreneur and labour.

Not Allowed to Sue Employer or Co-Workers

According to the workers’ compensation law, the workers, who sustain any type of injury on the job, are entitled to receive weekly benefits and compensation for paid medical bills. However, the injured workers have no right to sue their co-workers or employers for negligence and receive damages for pain and suffering.

However, there are two exceptions. Two small classes of workers – interstate railroad workers and crewmembers of vessels – are not entitled to receive workers’ compensation benefits.

Whether it is a personal injury lawsuit or workers’ compensation case, you should talk to a learned lawyer from Alliance Law Group to decide on the right course of action to receive what you are entitled to.