Understanding the difference between workers’ compensation and personal injury claims is essential for anyone who has been injured in the workplace or due to an accident. Although both types of claims involve seeking compensation for injuries, the processes, eligibility criteria, and outcomes differ significantly. The National Safety Council reports that nearly 247,000 workplace injuries occurred in 2020, making understanding your rights all the more important.

Workers’ Compensation: The Basics

Workers’ compensation is a state-mandated insurance program that provides financial benefits and medical care to employees who are injured while performing their job duties. The system is designed to ensure that employees receive prompt medical treatment and compensation without the need to engage in a lawsuit against their employer.

To file a workers’ compensation claim, an employee must report the injury to their employer and then file a claim with the state workers’ compensation board. If the claim is approved, workers receive compensation for medical expenses, lost wages, and, in some cases, disability benefits.

Personal Injury Claims: What Sets Them Apart

Personal injury claims arise when an individual is injured due to someone else’s negligence or intentional actions outside of the workplace. These types of claims typically require the injured person to prove that the other party’s actions caused their injury. Personal injury cases can involve accidents, slip and fall incidents, car crashes, or product liability.

Personal injury claimants may be entitled to compensation for pain and suffering, emotional distress, and punitive damages, in addition to medical bills and lost wages.

The Key Differences Between Workers’ Compensation and Personal Injury

  1. Eligibility: Workers’ compensationis available only for employees injured in the course of their employment, while personal injury claims can be filed by anyone injured due to another’s negligence, regardless of their employment status.
  2. Fault: Workers’ compensationoperates on a no-fault basis. In contrast, personal injury claims require proving the fault of the other party.
  3. Compensation: Workers’ compensationtypically covers medical bills, lost wages, and disability benefits.. Personal injury claims provide compensation for pain, suffering, and other emotional distress.
  4. Legal Process: Workers’ compensationclaims are handled through administrative agencies, whereas personal injury claims are typically settled through the civil court system.

Choosing the Right Path

Understanding the difference between workers’ compensation and personal injury is important for anyone seeking compensation after an injury. Whether you are dealing with a workplace accident or a personal injury outside of work, the path to compensation will depend on the specific details of your case. Working with an experienced workers’ compensation lawyer can help ensure that you receive the benefits you are entitled to.

If you’ve been injured at work or in an accident, the Law Office of Harley Merritt can help guide you through the process. Contact us today to schedule a consultation with a trusted workers comp attorney and get the legal support you need to move forward.