It won’t be wrong to say that many people are not aware of the difference between personal injury law and workers compensation law. Both these laws apply to different situations and there are some very important differences between a personal injury claim and a workers’ compensation case. In all cases, if you pursue them it’s important to be wary of malpractice and have a basic understanding of litigation processes.
The biggest difference between these two is that for a personal injury claim someone has to be at fault whereas there is no need for anyone to be at fault in the case of a workers compensation case. For instance, if a person has been injured due to someone’s fault such as a slip and fall, a car accident or other type of negligence, the other person must be found negligent for successful claim.
For instance, take an example of a slip and fall case for a personal injury law case. If you slipped and fell on another person’s property, you simply cannot file a lawsuit for compensation as the person needs to be at fault. However, there are also accidents where no one is at fault. If you want to get compensation for getting injured on someone else’s property, you need to prove that the other person was negligent in maintaining the property and that negligence was the cause for your injury.
Similarly, if you are involved in a car accident and are injured, you will need to prove that the other person was at fault and only then, you will be awarded compensation as per the personal injury laws in your state.
As mentioned above, the biggest difference between a workplace injury compensation case and personal injury case is that there is no need for anyone to be at fault for an employee to get compensation when he or she gets injured on the job. It is important to keep in mind that the workers compensation has absolutely no connection with anyone’s fault. An injured person does not need to prove that any of his or her co-workers or employer was at fault to receive benefits under workers compensation. An individual is still entitled to receive benefits under workers compensation if he or she was negligent and that was the cause of their injury.
Another big difference between a workers compensation case and a personal injury case is that a person does not get any benefits for pain and suffering in a workers compensation case. On the other hand, an individual involved in a personal injury can claim to recover compensation for all the damages. These damages may include medical bills, lost earnings, future medical expenses, lost earning capacity, pain and suffering, permanent impairment, loss of enjoyment of life and various other things.
On the other hand, an individual is entitled to only weekly compensation, medical bills, permanent impairment benefits and vocational rehabilitation in a workers compensation case. (Cases like this have been handled by professional compensation lawyers like Evinco – Website) An individual is not entitled to pain and suffering benefits in a workers compensation case.
This is due to the fact that the workers compensation is seen as a trade off between business owners and labor. Before these laws were created, the employee had to prove that the employer was negligent and the injury was the result of that negligence. However, if the employee was unable to prove negligence or did not bring a claim against the employer, no benefits were given to employees.
Overall, these are some of the major differences between workplace injury compensation law and personal injury law.