Differences between Workers’ Compensation and Personal Injury Cases
There are notable differences between workers’ compensation claims and personal injury lawsuits. One of the main differences is the requirement of proof. Workers’ compensation is a no-fault system whereas personal injury lawsuits require that you show the defendant was negligent for causing your injuries. An employee will receive compensation for medical expenses and a portion of their earnings without needing to prove the employer was at fault.
Another main difference is how lost wages are collected. With a personal injury case, you can pursue your entire wage loss whereas workers’ compensation benefits only pay two-thirds of their full wages. Workers’ compensation coverage does not provide any financial compensation for subjective damages, like pain and suffering. With a personal injury claim, you are entitled to pursue damages for the emotional and mental trauma you suffered because of the accident.