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How is a Workers’ Compensation Claim Different from a Personal Injury Claim?

January 2, 2017

When you are injured on the job, you can file a Workers’ Compensation claim to seek compensation for the expenses related to your injury. If you are injured in an

accident caused by another party’s negligence, you can seek compensation for your expenses related to the injury, known as your damages, through a personal injury claim. Although they can seem similar on the surface, a Workers’ Compensation claim is actually quite different from a personal injury claim. Below are a few differences between the two types of claim.

 

You Do Not Have to Prove Fault in a Workers’ Compensation Claim

 

In order to recover compensation through a personal injury claim, you must demonstrate that the other party was negligent and that this negligence directly caused you to suffer your injury and thus, your damages. No such requirement exists with a Workers’ Compensation claim.

 

If a third party was at fault for your workplace injury, you can potentially file a personal injury claim to seek compensation from that party alongside your Workers’ Compensation claim or even instead of filing a Workers’ Compensation claim. For example, if a client came to your workplace and used workplace equipment without regard for your safety, causing you to suffer an injury, you may be entitled to file a personal injury claim against that client or his or her company.

 

Generally, you cannot file a personal injury claim alleging that your employer was at fault for your injury if you file a Workers’ Compensation claim.

 

Workers’ Compensation and Personal Injury Claims Have Different Notification and Filing Deadlines

 

If you are injured on the job, you are required to notify your supervisor of the injury in a timely manner. The notification requirement for injury-causing workplace

accidents varies from state to state, so be sure to consult with your state’s Workers’ Compensation laws before an accident occurs. Other state-specific deadlines and requirements will impact your claim as well, such as the date by which you must file your claim with your state’s Workers’ Compensation Board.

 

Different Types of Damages Can Be Sought through the Different Types of Claim

 

Through a personal injury claim, you can receive compensation for your medical bills, your lost wages, and miscellaneous expenses known as “pain and suffering.” Through a Workers’ Compensation claim, you can receive compensation for your medical bills, a portion of your average weekly earnings, and in some cases, vocational rehabilitation and compensation for permanent impairment.

 

Work with an Experienced La Crosse Workers’ Compensation and Personal Injury Lawyer

 

If you have been injured in an of accident, you may be entitled to receive compensation for your injury-related expenses through either a Workers’ Compensation or personal injury claim, depending on the circumstances of the accident. To learn more about both types of claim and your options for filing either, speak with one of the experienced personal injury and Workers’ Compensation lawyers at Moen Sheehan Meyer, Ltd. Contact our firm today to schedule your initial consultation in our office.

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