Workers’ Compensation and Personal Injury Law: What’s the Difference?

When you get out of bed in the morning and go to work, the last thing you expect is to get hurt on the job. Unfortunately, this is something that can happen from time to time. If you would like to avoid paying these expensive medical bills yourself, then you may qualify for something called workers’ compensation. At the same time, is this the same thing as a personal injury case? What are the differences? There are several key points to keep in mind.

First, a workers’ compensation case does not necessarily mean that anyone is at fault. It simply means that you got hurt on the job. Your employer could have done everything right, and you could have followed your instructions to a T. If you get hurt on the job, you still qualify for workers’ compensation even if it is nobody’s fault. On the other hand, a personal injury case means that someone is at fault. Therefore, you will need to prove someone else is at fault in order to win your case. In order to win a workers’ compensation case, you simply have to prove that the injury happened at work, while you employee, and while you were acting in the scope of your duties.

In addition, a workers’ compensation case is limited to employment situations only. If the injury does not happen at work, then you do not qualify for workers’ compensation. On the other hand, a personal injury case can happen anywhere. Even though a personal injury case can happen at work, it can also take place as a result of a physical assault, a slip and fall accident, or even a motor vehicle accident injury. Therefore, the scope of these cases is different as well.

Finally, the motive compensation is also different. In a case involving workers’ compensation, you usually receive weekly compensation, coverage for medical bills, and payment for any damages related to lost income as a result of the injury sustained on the job. On the other hand, during a personal injury case, someone may be able to seek additional compensation for pain and suffering. There could be punitive damages that significantly change the amount of compensation in a personal injury case.