Are Workers' Comp Claims Different than Personal Injury Claims?


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.

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