So, you are wondering what are the differences between a personal injury and worker's compensation case.

So, you are wondering what are the differences between a personal injury and worker's compensation case. In this post, we have set forth a few main differences between these two types of options.

1. A personal injury claim is based on fault

One of the biggest differences between these two types of cases is that a personal injury claim is based on fault while a worker's compensation case isn't. Let's take a slip and fall case as an example. For the victim to be able to win the personal injury case and recover damages, they must prove in the court that the incident is due to the negligence of the owner to maintain their property. Meanwhile, with worker's compensation claim, they need not prove that their co-worker or employer committed a negligence to be able to get compensation benefits. Furthermore, even if the victim’s own negligence is the main cause of the injury while at work, they will still be entitled to receive compensation benefits.

2. With worker's compensation case, the victim cannot sue their co-worker or employer

Laws that cover worker's compensation case state that workers who were injured while doing their job would get their medical bills paid and would get benefits every week. However, they cannot sue their co-workers or employers for negligence. On top of that, they will also lose the right to collect damages for their pain and suffering. On the other hand, in personal injury claims, the victim has the chance to recover different damages. Some of these damages include medical bills, pain and suffering, lost earnings, loss of enjoyment of life, and more.

3. Financial responsibility

In a personal injury case, the employer or co-worker may be covered by insurance policies, such as an automotive insurance policy or business insurance policy. In a few cases, however, they may need to pay for the damages. In the meantime, in a worker's compensation case, the benefits will be paid by the employer's insurance company.

4. The process of pursuing the case

With worker's compensation, the victim and their lawyer may file a claim in the employer's insurance company. They may need to follow a few protocols, though, such as reporting the injury to the supervisor within a specific period of time. They may also need to be examined by the company's physician. With a personal injury claim, however, the victim may need to file a claim through the employer's insurance company. Their lawyer may negotiate for the claim. However, if the claim is denied, they may file a lawsuit against the defendant.

If you are among those people who have suffered a work-related injury, you have to consult a lawyer today to learn more about your rights and your options.

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