Understanding the distinction between personal injury and workers’ compensation cases is essential, especially if you’re deciding how to file a claim. Filing under the incorrect category may result in inadequate compensation for your damages. Consulting with an experienced attorney can ensure your case is filed correctly.
Proof of Fault
In personal injury cases, you must prove that another party, whether an individual or an organization, was negligent and that this negligence caused your injury. Establishing fault is a key component in securing compensation.
Conversely, workers’ compensation claims do not require proof of fault. Regardless of how the injury occurred, as long as it happened at work, you are entitled to workers’ compensation benefits. This no-fault system means you cannot sue your employer for workplace injuries.
Damages for Pain and Suffering
Workers’ compensation claims do not cover pain and suffering. The benefits are limited to medical expenses and a portion of lost wages. To file a workers’ compensation claim, you must be an employee, and suing your employer for additional damages is not permitted.
In personal injury cases, you can seek compensation for pain and suffering, along with other damages such as lost earnings, medical bills, and future medical costs. Filing a lawsuit allows you to pursue a broader range of damages.
Contact Shlesinger & deVilleneuve Attorneys, P.C.
If you’re injured and uncertain about which type of claim to file, it’s crucial to consult with a professional. Our team at Shlesinger & deVilleneuve Attorneys, P.C. can help guide you through the process and ensure you receive the compensation you deserve. Contact us today for expert advice.
