What are worker’s compensation claims and how do they differ from personal injury claims?
The difference between worker’s compensation claims (often called worker’s comp, for short) and personal injury claims is their scope. Worker’s compensation is meant to cover expenses accrued after an injury has taken place at someone’s place of work, regardless of fault. Meaning, it could be that the person has gotten injured at their own fault and they would still be eligible for worker’s compensation because they would not have been injured had they not been working. Worker’s compensation only covers economic costs, such as medical bills, lost wages, and permanent injury benefits, and does not cover pain and suffering.
A personal injury claim can be made by anyone and is not limited to people who are working when they are injured. The biggest factor that differentiates a worker’s compensation claim and a personal injury claim is proving there was a party at fault. When filing for worker’s comp, you do not have to prove that anyone (including yourself, your employer, or someone else that was with you) was at fault to receive compensation. However, when making a personal injury claim, a party must prove that their employer was negligent to the point of fault, therefore causing the injuries, in order to receive compensation. Personal injury claims can also provide a broader range of compensation; whereas worker’s compensation might only include medical bills and lost wages, a personal injury claim can include damages for pain and suffering or loss of convenience.
Navigating your options after being injured at work can be difficult and daunting, but it doesn’t have to be! Complex cases can be simplified with the help of an experienced personal injury lawyer like Jacobs & Jacobs. Give us a call or reach out through our contact form for a quick quote. Be sure to follow our blog as well for more tips and information!