It is hard to tell the difference between a personal injury claim and worker’s compensation claim, especially when you never had to deal with either. One of the most important and notable difference between the two is that the personal injury claim is based entirely on fault while the workers claim is not.
If you want to recover from all damages against a person for a vehicle accident, a fall and slip or any type of injury claim that pertains to your, the other party must have been negligent.
Here is the main difference between a Personal Injury and Workers’ Compensation Claim
Fault requires in a personal injury claim
To understand this concept, you need to consider a simple slip and fall case. Just because you slipped and fell in someone’s property it does not means that the owner of the property is negligent. Sometimes accidents happen and nobody is to blame.
To recover from the damages of slipping off someone’s property, the injury lawyer should prove that the person’s negligence in maintaining the property led to the accident. In simple words, you should prove that they did something wrong and it led to that accident.
Fault is not requires in a Workers’ Compensation Claim
In the worker’s compensation, an employee injured while on the job is legally entitled to worker’s benefits and compensation but there are very limited exceptions. This compensation claim has nothing to do with fault. You do not need to prove that the co-workers did something out of line so you can get the benefits. Let’s say your negligence caused the injury, you are still going to get the worker’s compensations benefits.
The damages for your suffering and pain
The main difference when it come to damages between the workers’ compensation case and the personal injury lawsuit is that you are not entitled to get benefits for your pain and suffering when you claim for the worker’s compensation.
In the personal/ work injury claim, you are entitled to get or recover for all the damages caused by the injury. The damages include lost earning capacity and earnings, the medical bills, pain and suffering, loss of employments, future medical expenses and others.
For the worker’s compensation claim you will only receive permanent impairment benefits, weekly compensation, vocal rehabilitation and compensation on your medical bills. You cannot, under whatever circumstance receives the compensation for pain and suffering in the worker’s compensation claim. This is because the compensation is a trade-off between business owners and labour.
You cannot sue your co-workers and employers
Workers’ compensation laws ensure that the workers who got injured during the job get weekly benefits plus their medical bills taken care of. For this, the workers lose their rights to sue the co-workers and employers for negligence which explains why there is no collecting the damages for pain and suffering. There are, however, some exceptions to the rule. If the employer did an intentional act that caused the injury, you can still file a lawsuit and collect the damages for pain and suffering.