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How Are Personal Injury and Workers’ Compensation Claims Different?

  • Published: September 5, 2022

When someone is injured on the job or in a personal accident, they may be eligible for workers’ compensation or personal injury benefits. Although both types of claims can be a financial help for those who need it, there are some key differences between them that are important to note.

Both workers’ comp and personal injury claims can provide money after an accident to cover medical bills, lost wages, and other expenses related to an injury. But the way they do that is different. KCNS Law Group can help you figure out how personal injury and workers’ compensation claims are different and which one you might be more likely to qualify for.

What Is a Personal Injury Lawsuit?

A personal injury lawsuit is a type of civil suit that is filed by an injured person against the person or entity responsible for their injuries. The basis of the lawsuit is usually negligence, which is when someone fails to take reasonable care and causes an injury as a result. If you have been injured due to someone else’s negligence, you may be able to file a personal injury lawsuit to recover damages such as medical bills, lost wages, and pain and suffering.

What Is a Workers’ Compensation Claim?

A workers’ compensation claim is a claim filed by an injured employee with their employer’s compensation insurance carrier. The claim is for medical bills and lost wages incurred as a result of being injured on the job. If an employer does not have compensation insurance, an injured employee can file a personal injury lawsuit against the employer.

How Does Workers’ Compensation Differ From a Personal Injury Claim?

Workers’ compensation is a system that provides benefits to workers who are injured or who contract an illness at work. The program is usually administered by state governments as part of social welfare programs.

In contrast, a personal injury claim is a civil lawsuit brought by an individual who has been injured due to the negligence of another person or entity. In order to succeed in a personal injury claim, the plaintiff must prove that the defendant was at fault and that the plaintiff suffered damages as a result.

Compensation in a workers’ compensation case is typically limited to medical bills and lost wages, while personal injury claims may allow the plaintiff to recover damages for pain and suffering, permanent impairment, and other losses. The compensation in both types of claims is very similar for many cases, but personal injury claims are typically more complex than workers’ compensation claims, and they often take longer to resolve.

Damages for Pain and Suffering

The biggest difference between workers’ compensation and personal injury is that workers’ comp covers medical bills and lost wages, while personal injury also covers damages for pain and suffering. In a personal injury case, you can also sue for permanent impairment or loss of earning capacity.

Get the Right Attorney for Your Case

Whether you need representation for a workers’ compensation case or a personal injury case, KCNS Law Group’s legal team can help you. We can represent you no matter which type of case you have and work to get you the compensation you deserve.

If you are injured, then it is a good idea to seek legal help at KCNS Law Group. It may not always be readily clear what your legal options are, but our lawyers can help you figure out what compensation you may be entitled to. To get access to a legal team that can help you, Contact us online or call us at (818) 937-9255.

KCNS Law Group LLP

Our client-based approach is concentrated on our commitment to providing individual and strategic representation tailored to our client’s specific needs.

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