The differences between personal injury lawsuits and workers’ compensation claims can be difficult to decipher. However, the most noteworthy difference between the two is fault. For a personal injury case to be successful, you have to demonstrate fault. In workers’ compensation cases, it is not necessary to prove fault.
Understanding the differences between personal injury lawsuits and workers’ compensation claims could be crucial to securing a favorable outcome in either type of case. If you are want to know what you may be entitled to, contacting Costa Ivone Injury Lawyers could be a good first step. Set up a free consultation.
Understanding Personal Injury Lawsuits
A personal injury lawsuit is filed against an individual who has caused you to suffer compensable losses through their own negligence. The success of a personal injury claim depends on your ability to prove their fault for your losses, as well as the extent of your damages.
When dealing with personal injury lawsuits, it possible to obtain compensation for out-of-pocket expenses resulting from an individual’s negligence, as well as non-economic damages like pain and suffering, diminished earning capacity, and emotional trauma. Being compensated for these subjective losses sets personal injury lawsuits apart from workers’ compensation claims where an individual does not have that recovery option.
What Are Workers’ Compensation Claims?
Workers’ compensation claims allow anyone injured on the job to receive benefits. In workers’ comp claims, you do not need to prove that your employer or co-worker caused harm to your well-being to collect compensation. Additionally, even if your own negligence caused or contributed to the accident, you may still be able to collect workers’ compensation benefits.
Businesses who are enrolled in the state’s workers’ compensation program offer these benefits in exchange for the waiver of an employee’s right to sue their employer for personal injury damages. In workers’ comp claims, an injured employee is mainly compensated for medical bills and lost wages as a direct result of the workplace injury.
Ask an Attorney about the Differences between Personal Injury Lawsuits and Workers’ Comp Claims
Although there are many similarities between workers’ compensation claims and personal injury lawsuits, the truth is that they are very different. Between needing evidence of fault in personal injury lawsuits and not being allowed to sue an employer in exchange for workers’ compensation benefits, the only fundamental similarity between these types of claims is the ability to be compensated for an injury.
If you are struggling to initiate an injury claim and don’t where to start, the dedicated team here at Costa Ivone Injury Lawyers is here to help. Contact us today for more information.