The Difference between a Worker’s Compensation Claim and a Personal Injury Claim

The Difference between a Worker’s Compensation Claim and a Personal Injury Claim

The following is a guest post from Simone & McCahey LLP

There are many incidents that might lead to a work injury. While filing a lawsuit against these incidents, an injured worker may not know whether to make a personal injury claim or workers’ compensation claim. Although victims might use these terms synonymously it is important to know the difference between the two to ensure that you get compensated for the right claim.

Let’s read the difference between the two:

  1. Nature of the Fault Affects the Claim:

The main difference between a workers compensation claim and personal injury claim is the fault which affects the claim. In case of a personal injury claim, the employer will compensate if the victim is legally liable to the loss, damage or injuries means that the defendant is at fault.

On the other hand, in a workers compensation claim the victim is compensated and is subject to the benefits regardless of the consideration who is at the fault.

  1. Right to Sue:

The system of workers’ compensation is established to provide benefits and compensation to the workers regardless of the fault. When the workers are covered by this type of insurance, they generally give up their right to sue the employer. However, they can file a case against another third party which is also responsible for the damage or injury. In certain cases, the workers may sue the employer instead of pursuing workers’ compensation if the damages were intentional or caused by extreme negligence of the employer.

Whereas, in a personal injury claim, usually, there is no prohibition regarding filing a lawsuit against the offender unless he or she is directly responsible for the injury.

  1. Compensation of the Damages:

In workers’ compensation claim, the value of benefits is based on the percentage of a worker’s average salary. Moreover, in addition to wage replacement, the victim workers are also subject to other expenses such as rehabilitation services or vocational training.

On the other hand, the personal injury claim is based on the harm the victim has suffered. In this type of injury, the damages include compensation of medical bills, treatment, lost wages, pain or emotional distress.

  1. The Process of Pursuing the Claim

In case of personal injury claim, the victim through his or her attorney can claim through the defendant’s insurance policy. The attorney will offer a fair settlement; if the defendant denies and does not agree on the fair settlement, the attorney will file a lawsuit against him or her.

In workers’ compensation claim, the victim can file a compensation claim; and the employer’s insurance company will pay for the damages. The victim, in this case, will report the injury or loss to the supervisor within a certain period of time and will be thoroughly examined by the physician hired by the employer. And if the employer denies the claim, the case proceeds through an administrative law judge.

  1. Financial Responsibility

In the case of a workers’ compensation claim, the employer’s insurance company pays for the damages. Whereas, in a personal injury claim, the damages can be covered by the defendant’s business insurance policy, automotive insurance policy etc. The defendant can also pay from his or her own pocket for the injury or loss, in few cases.

Author Bio:

Rhode Island Workers Compensation Attorney have dedicated their lives to the craft and stand by your side throughout the entire case, should you have any questions or concerns about the process.

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