Worker's Compensation And Personal Injury Claims: What Is The Difference?

Getting injured at work can result in many different claims that will help you financially get ahead. Worker's compensation is the most common benefit that employees utilize after a work-related injury, but you may also be entitled to a personal injury claim as well. The following is information on both of these claims and how they differ:

Contrasting Worker's Compensation and Personal Injury

There are vast differences between worker's compensation claims and personal injury claims. A personal injury claim will require you to provide proof in court that your injury was due to the negligence of your employer or that the employer did not act appropriately. You will also need to provide evidence that you have suffered damages due to the accident.

A worker's compensation claim does not require any sort of proof beyond a reasonable doubt in a court of law. There is no matter who is responsible for the injury, but you must show that the injury simply occurred at your place of employment. You will need to also explain how the injury was related to your work and how you are now temporarily or permanently disabled.

Differences in Available Benefits

There are some differences in the benefits you will receive with both personal injury and worker's compensation claims. Personal injury claims provide a way for you to not only recover income loss and medical coverage, but also any punitive damages and any other losses you incurred because of your injury that are not covered by worker's compensation. Once you receive a personal injury benefit, your case is over and you will not receive a continuing payment.

Worker's compensation benefits allow you to recover the costs of your medical expenses and lost income. You will not be able to pursue any punitive damages. You will not receive one lump sum of money, but rather continuous payments for the extent of your disability.

One important thing to consider is the fact that there is a time limit for which you can receive your worker's compensation benefits. Your employer also has the right to change your benefit payment or end it altogether. In any of these instances, you will need to work with a worker's compensation attorney to aid you in getting your benefits paid.  

It is important that you understand the differences in the different types of claims and benefits that you are entitled to. Discuss all your options with your attorney so that you can recover your damages and be compensated fairly for all you are out. Contact a firm, like Wolter, Beeman, Lynch & Londrigan LLP, for more help.