A difference in the two laws
The primary differences between Workers’ Comp and Personal Injury lies within the state laws associated with each. Workers’ Compensation laws apply to those employees who have incurred on-the-job injuries. On the other hand, Personal Injury laws as well as wrongful death laws apply to anyone who is injured as a result of another’s actions or inactions. However, there are other key differences in the different sets of laws.
For instance, any injured employee is entitled to Workers’ Comp benefits regardless of whom or what was responsible for the injury. Where Personal Injury is the issue, in order to be awarded “damages” in such a case, the person who is injured has to prove that certain elements caused the injury. These include:
- That the injury resulted from an intentional act
- That the injury resulted from the negligence of another
- That either of the above caused the damages/personal injury
Additionally, they must also correlate this with the amount of damages being asked for as a means for settlement for the injuries incurred. In workers’ comp, on the other hand, as long as you were injured on the job, you don’t have to worry about proving what caused the injury or whose fault it is.
Other key differences
Another key factor that you need to be aware of where the differences between Worker’s Comp and Personal Injury cases are concerned is that state Worker’s Compensation laws prohibit the injured employee from suing their employer. This is because it is known as a “no-fault” system, which means that when you are injured at your place of work, you are entitled to Worker’s Compensation benefits regardless of fault. It could be your own fault, your bosses fault, or the machine’s fault; whatever it is, you are entitled to benefits.
Conversely, the only way that you can receive be awarded damages in a Personal Injury case is to sue the responsible party and/or their insurer, depending on how the injury resulted. So Worker’s Compensation is the injured employee’s exclusive remedy for the injury incurred. However, if a fellow employee was responsible for your injuries at work, you can implement a Personal Injury lawsuit against them as well. This is known as a third-party liability claim.
Finally, there are certain limitations to Worker’s Compensation benefits in that you are compensated for disability payments, lost income, medical expenses, and retaining your benefits. On the other hand, personal injury settlements can be rather unlimited depending on the nature of the injury.
The need for an experienced attorney
In either of the above scenarios, the best course of action you can take from the beginning is to consult with an experienced Personal Injury or Worker’s Compensation attorney. The right attorney can help you every step of the way in either type of case and will strive to see that you are awarded the benefits or the damages that you deserve and need. Here at Ginsberg Law Offices, we handle both personal injury and workers’ comp claims, so contact us if you have questions about either situation.
