When it comes to
workers’ comp claims and personal injury claims, the biggest difference between the two is
that personal injury claims are based on fault, while workers’ comp
claims are not. To collect compensation for injuries acquired from a non-work-related
accident, a person must prove that another party’s negligence caused
their injuries. In this blog, we discuss other important differences between
personal injury claims and workers’ compensation claims.
Determining Who Is at Fault in a Personal Injury Case
Just because a person is injured on someone else’s property does
not mean that the property owner is the default negligent party. Accidents
where no one is at fault do happen. To receive financial compensation
for a personal injury, the claimant will need to prove that that other
party’s negligent actions directly contributed to their injury.
Determining Who is at Fault in a Workers’ Comp Case
Negligence is not a prime concern in a workers’ compensation case.
Employees who have suffered injuries on the job are entitled to workers’
compensation benefits. This is also true in situations where the employee’s
negligence contributed their injuries, though there are some exceptions.
For example, the presence of alcohol or drugs in an employee’s bloodwork
can disqualify them from workers’ comp benefits in certain situations.
Can I Claim the Same Types of Damages in These Cases?
Another major difference between personal injury and workers’ comp
claims is the ability to claim damages for pain and suffering. Under workers’
compensation law, an employee cannot receive financial compensation for
their pain and suffering. However, these damages can be claimed in personal
injury cases. Individuals can recover compensation for lost wages, medical
bills, and damages for pain and suffering under a personal injury claim.
A person can still receive weekly compensation, permanent impairment benefits,
and vocational rehabilitation under a successful workers’ comp claim.
Need more information about personal injury or workers’ comp claims? Contact our Glendale team of personal injury attorneys
to get assistance today.