Difference Between Personal Injury and Workers’ Compensation Claim
If you get hurt while working, receiving compensation can cover medical
bills and other expenses resulting from your injury. However, what kind
of claims do you file? Is it a personal injury lawsuit or a workers’
compensation claim?
An accident at work can warrant a suit for either personal injury or workers’ compensation. While attorneys in Lancaster PA, can help you make the right claim, it's essential to know these differences.
Personal Injury VS Workers’ Compensation Claims Fault Requirement The most significant difference between personal injury and workers' compensation claims is the fault requirement. A personal injury lawsuit requires you to prove that someone is liable for your injuries. This claim is usually due to some form of negligence on their part.
In contrast, a workers’ compensation claim has nothing to do with fault. You can receive workers’ compensation for any work-related injury without your employer contributing to the cause of the accident. Even if your injuries were a result of your negligence, you could get workers’ compensation benefits.
Recoverable Damages Another difference is the benefits you can receive. In a personal injury lawsuit, you can recover numerous benefits, including:
● Permanent impairment
● Medical bills
● Future medical bills
● Lost earnings
● Lost earning capacity
● Pain and suffering
● Loss of enjoyment of life (hedonic damages), and others.
However, in a workers’ compensation case, you can only receive:
● Medical benefits
● Weekly compensation for permanent impairment and vocational rehabilitation.
And, you can't recover damages for pain and suffering.
Also, personal injury compensations might take months or years, because you have to prove fault, but it comes in a lump sum. For workers’ compensation benefits, you can receive it almost immediately.
Right to Sue Workers’ compensation laws ensure that you receive weekly compensation for your injuries. In return, you lose your right to sue your employer and co-workers. You also lose your right to obtain damages for pain and suffering. The only instances where you can forgo workers’ compensation benefit and make a personal injury claim against your employer include:
● When your employer's conduct was intentional and likely to cause harm or death
● Your employer's failure to carry workers’ compensation insurance or if he wasn't required to have one.
A Lancaster personal injury lawyer can also help you determine when to make a personal injury claim against an employer. Besides these instances, some employees have legal permission to sue their employers for any work-related injuries. The workers’ compensation laws don't cover them. They include:
● Interstate railroad workers
● Crew members on any boat or vessel.
Combination Cases A combination case is a scenario where you can receive both personal injury and workers’ compensation benefits. Since you can't win both compensations from your employer, it must involve a third party who isn't your co-worker.
A scenario is when a customer or contractor acts in a way that causes you an injury. Another example is if someone causes an accident while you're driving a delivery truck. You can make claims against them and also receive workers’ compensation from your employer.
Conclusion Personal injury and workers’ compensation claims differ in legal requirements and the benefits you'll receive. If you've experienced a work injury, you should understand the situation to know which claim to file.
Personal Injury VS Workers’ Compensation Claims Fault Requirement The most significant difference between personal injury and workers' compensation claims is the fault requirement. A personal injury lawsuit requires you to prove that someone is liable for your injuries. This claim is usually due to some form of negligence on their part.
In contrast, a workers’ compensation claim has nothing to do with fault. You can receive workers’ compensation for any work-related injury without your employer contributing to the cause of the accident. Even if your injuries were a result of your negligence, you could get workers’ compensation benefits.
Recoverable Damages Another difference is the benefits you can receive. In a personal injury lawsuit, you can recover numerous benefits, including:
● Permanent impairment
● Medical bills
● Future medical bills
● Lost earnings
● Lost earning capacity
● Pain and suffering
● Loss of enjoyment of life (hedonic damages), and others.
However, in a workers’ compensation case, you can only receive:
● Medical benefits
● Weekly compensation for permanent impairment and vocational rehabilitation.
And, you can't recover damages for pain and suffering.
Also, personal injury compensations might take months or years, because you have to prove fault, but it comes in a lump sum. For workers’ compensation benefits, you can receive it almost immediately.
Right to Sue Workers’ compensation laws ensure that you receive weekly compensation for your injuries. In return, you lose your right to sue your employer and co-workers. You also lose your right to obtain damages for pain and suffering. The only instances where you can forgo workers’ compensation benefit and make a personal injury claim against your employer include:
● When your employer's conduct was intentional and likely to cause harm or death
● Your employer's failure to carry workers’ compensation insurance or if he wasn't required to have one.
A Lancaster personal injury lawyer can also help you determine when to make a personal injury claim against an employer. Besides these instances, some employees have legal permission to sue their employers for any work-related injuries. The workers’ compensation laws don't cover them. They include:
● Interstate railroad workers
● Crew members on any boat or vessel.
Combination Cases A combination case is a scenario where you can receive both personal injury and workers’ compensation benefits. Since you can't win both compensations from your employer, it must involve a third party who isn't your co-worker.
A scenario is when a customer or contractor acts in a way that causes you an injury. Another example is if someone causes an accident while you're driving a delivery truck. You can make claims against them and also receive workers’ compensation from your employer.
Conclusion Personal injury and workers’ compensation claims differ in legal requirements and the benefits you'll receive. If you've experienced a work injury, you should understand the situation to know which claim to file.
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