April Newsletter 2021

The Difference Between Workers’ Comp and Personal Injury

On the surface, Workers’ Compensation (WC) and Personal Injury claims (PI) seem pretty similar. After all, they’re both about gaining rightful compensation for injuries, right? Not quite. Although WC and PI are similar in some ways, here are a few crucial differences to consider when pursuing either kind of claim.

Who’s at Fault?

PI claims require that someone demonstrate their injuries were a direct result of someone else’s negligence. For example, falling down the stairs on someone’s property does not necessarily mean they are responsible for your injuries unless they were either directly responsible or negligent in their upkeep.

WC claims are a little different. If you were injured while working, you can typically file a claim regardless of whether the incident was caused by negligence or by accident. If you fell down the stairs at your office and broke your leg, you’d likely be entitled to workers’ compensation.

Determining Damages

While it’s can be easier to file a workers’ compensation claim, the damages awarded are substantially different. A successful workers’ compensation claim typically covers lost wages, permanent disability, rehabilitation, and medical bills. A WC claim is focused on getting you back to health so you can continue working.

On the other hand, a PI claim typically includes all damages, present, and future. This in addition to lost wages and immediate medical bills. A PI claim might include compensation for future medical bills, future earning capacity, pain, and suffering, or even loss of enjoyment of life.