For many people, a work-related injury is a daily possibility. In the event of an accident, most people know that they can file a workers’ compensation claim. But for some, they may be able to file a personal injury claim instead. Here are two ways in which workers’ compensation and personal injury claims differ:
1. Extent of compensation
Both workers’ compensation and personal injury cover medical expenses, lost wages, compensation for permanent impairment, and rehabilitation. However, a personal injury claim can win compensation for intangible damages, such as emotional and mental pain or suffering. In a personal injury case, pain and suffering compensation can also be extended to the injured or killed employee’s spouse and/or children.
2. Proving fault
Workers’ compensation covers an employee’s injuries even if the accident occurred due to the employee’s own fault. But if the accident was due to another person’s negligence, defective equipment, or toxic or illegal substances in the workplace, the injured party can file a personal injury claim. Workers’ compensation does not have to prove fault, but a personal injury case must prove the fault or negligence of another party, whether that is the employer, another employee, or a third party.
In some cases, an injured worker can file both types of claims, but doing so can be incredibly complicated. Hiring the right personal injury attorney can relieve significant time and stress and provide peace of mind that everything is taken care of. Richard Smith has over thirty years of experience working with personal injury cases. Call him at 864-236-5530 to set up a free consultation.
Disclaimer: Principle office is located at 1210 Laurens Rd, Greenville, SC 29607. No fee unless the case is settled or won, costs may be excluded.