How to Differentiate Workers Compensation Claim and Personal Injury Claim?


One of the most common questions people ask about personal injury claims and workers compensation is: what is the main difference between the two? Is there an easy way to distinguish the two?
Even though both of them (work comp and personal injury claim) require an injury to being with, there are a few important differences that every individual should be aware of. Keep reading to find out.

Fault Vs. No-Fault

One of the major differences between a personal injury claim and workers compensation is a fault. In a personal injury case, there has to be a persona at fault, while no one has to be at fault in order for an injured employee to receive worker’s compensation.
A personal injury claim cannot exist without a person at fault. On the other hand, workers compensation is based on injury and injury only. If you want to learn more about workers compensation benefits, speak with our Los Angeles Workers Compensation Attorneys today. Schedule a free initial consultation and receive much-needed legal counseling.

Different Damages

Another big difference between a personal injury claim and workers compensation is the type of damages that you can get compensated for. In a personal injury case, you can get compensated for:
  • Lost earnings
  • Lost earning capacity
  • Medical bills (current and future)
  • Permanent impairment
  • Pain and suffering
  • Loss of enjoyment of life (hedonic damages)

Workers compensation benefits cover the following:
  • 2/3 of your lost wages
  • Permanent impairment
  • Medical bills
  • Vocational rehabilitation

Work comp covers no pain and suffering.

You Cannot Sue Vs. You Can Sue

The third difference is related to suing; if you apply for workers compensation, you, therefore, agree that you will not sue your employer. It is a fair trade: you receive your work comp benefits, and you lose the right to sue your employer.
In a personal injury case, if you do not sue, you will most likely not receive your compensation. The whole concept of workers compensation is designed to protect employers from lawsuits while ensuring that the employees are taken care of. At the same time, a personal injury case is based on a lawsuit; without it, one may not receive the much-needed compensation.
You can learn more about the differences between the worker's compensation and a personal injury claim. These three differences mentioned above are just the main ones that will help you distinguish the two.
If you want to learn more about a personal injury claim, or the worker's compensation, all you have to do is get in touch with one of our Workers Compensation Lawyers in Los Angeles today. Give us a call, schedule your free consultation and learn how you can file a successful claim.
Keep in mind that even if your initial work comp claim is denied, our attorneys can help you file an appeal. You can still obtain your benefits if the appeal is successful. Do not give up, and always hire an attorney to deal with legal problems, rather than trying to deal with it on your own.

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