Although they are very similar, there are a few major differences between a personal injury and worker’s compensation case. Knowing the differences between the two is crucial, especially if you find yourself trying to decide between the two for a claim. If you file under the wrong case type, you may not recover the damages you need. Working with an experienced attorney can also help make sure you file your case correctly.
Is Proof of Fault Required?
For personal injury cases, proof of fault is required. That means you will need to prove that an individual or an organization, such as a business, was negligent, and that their negligence is what caused your injury.
If, alternatively, you are filing a workers comp case, you are not required to prove that anyone was at fault for your injury to receive worker’s compensation benefits. This is because you are generally precluded from legally being able to sue your employer. If you do sustain an injury while at work, you will receive the worker’s compensation that is outlined in your contract. Exception for third party claims will be discussed in a separate blog.
Can I Get Damages for Pain and Suffering?
With a worker’s compensation claim, you do not receive any benefits for pain and suffering. You must also be an employee of a company to be able to file a worker’s compensation claim, and as mentioned above, you generally aren’t allowed to sue your employer for injuries on the job.
With a personal injury claim, though, you have the right to file a lawsuit, and you are entitled to recovery for all the damages resulting from your sustained harms. These damages can include lost earnings, medical bills, future medical expenses, and more.
Contact Us at Shlesinger & deVilleneuve Attorneys, P.C.
If you are injured and are unsure which route to take, it is important to talk to a professional so they can steer you in the right direction. Contact us today.
