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What is the difference between a personal injury claim and a workers’ compensation claim?

On Behalf of | Jul 5, 2023 | Workers' Compensation |

Suffering an injury in any situation can have lasting effects on your life, your ability to work and your finances. When you consider your injury, you might wonder if you should file a claim for workers’ compensation or personal injury.

Understanding the differences between the two will help you decide.

The nature of the injury

One element that varies between workers’ compensation and personal injury claims is the nature of the injury. If your injury results from a work-related accident or occurred on the job, that typically qualifies as workers’ compensation. Injuries such as a car accident or a slip-and-fall injury not related to your work is a personal injury claim.

The consideration of fault

Another difference between workers’ compensation cases and personal injury claims is the element of fault. Workers’ compensation claims rely on a no-fault system, where your employer has no requirement to accept fault nor do you need to prove negligence. A personal injury claim requires evidence of negligence, so you must prove that the other party is at fault for your injury.

The compensation available

The compensation resulting from personal injury versus workers’ compensation claims also varies. Workers’ compensation only covers medical costs and lost income. Personal injury cases may include punitive damages or pain and suffering compensation.

Consider these differences as you assess your injury and decide which claim is right for you. If your injury happened on the job and resulted from work-related activities, that qualifies for workers’ compensation coverage. Otherwise, you might have a personal injury case.