What’s the Difference Between Workers’ Comp and Personal Injury?

Injuries are often unexpected, but they still happen — at home, while out and about, and even in the workplace. When it comes to pursuing justice for those injuries, especially those at work, it’s important to know the difference between workers’ comp and personal injury.

Worker’s Comp vs. Personal Injury

The biggest differences between workers’ comp and personal injury are the fault requirement and the compensation available. Take a look at our chart below.

 

infographic the difference between personal injury and workers' compensation

 

Based On Fault

Personal injury claims require that you prove someone else’s negligence was responsible for your injury. For example, if you slip and fall on a wet floor, you would need to demonstrate that your injuries are because of the wet floor and that the property owner was aware of the problem but failed to fix it.

For a workers’ comp claim, the employee does not need to prove that the work conditions or equipment caused an injury. Even if the injury was caused by indirect actions or negligence by the employer or another employee, the injured worker is entitled to workers’ comp benefits.

Can Sue Employer

A commonality between both a personal injury and workers’ comp claim is suing the employer. By accepting workers’ comp, you are usually accepting that you will not hold the employer or other employees liable for your pain and suffering. There are some exceptions to this rule, however. If it can be proven that the injury-causing actions of either the employer or another employee were intentional, and those actions caused an injury, you may be able to make a claim against the employer.

Compensation

When filing a workers’ comp claim, the injured employee is entitled to weekly payments, payment for medical and rehabilitation bills, and more. However, with a personal injury claim, an individual is entitled not only to compensation for medical bills but additional pain and suffering payments that may have incurred because of the injury. This could include future expenses and loss of earnings.

If you’d like to schedule a free case consultation with an experienced Kentucky workers’ comp attorney who will work tirelessly on your behalf, don’t hesitate to send us an email or call (270) 423-0023.

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