Maximizing Your Benefits: The Difference Between Personal Injury vs. Workers' Compensation

Workers injured on the job often have understandable questions about what type of claim will allow them to receive the highest amount of damages for their injuries. San Diego Injury Lawyer can meet with you review your case and discuss the merits of the two main claim types: personal injury vs. workers’ compensation. Backed with three decades of personal injury law experience, our San Diego, CA, law firm can provide you with exceptional legal services and representation.

The Main Difference Between Personal Injury & Workers’ Comp

A personal injury claim is based on one party being at fault, and a workers’ compensation case is not - this is the most significant difference between the two claim types. To receive damages in a personal injury claim, the other party must have contributed to the accident by acting negligently, or done something wrong.

Fault in a Personal Injury Case

Car accidents can serve as a good example of how personal injury cases work. Drivers get into accidents all the time, but simply being in an accident does not qualify as a personal injury case. Another party, usually another driver, had to have acted negligently, which caused the accident. In car accidents, this may mean the other driver was speeding, on their phone, or not obeying traffic signs, among other poor driving habits. This would put the other driver at-fault, and make them liable for your injuries and property damage in a personal injury case.

No Fault for Workers’ Compensation

Workers’ compensation benefits may be paid out to any employee injured on the job. In order to receive workers’ compensation benefits a worker does not need to prove that negligence contributed to the accident or injury. In fact, even if the worker’s own negligence caused the injury, that worker remains entitled to workers’ compensation benefits.

Limited Damages in Workers’ Compensation

Workers’ compensation claims pay out weekly compensation, permanent impairment benefits, medical bills, and vocational rehabilitation, if it is deemed a worker qualifies for all of these benefits. Workers’ compensation beneficiaries cannot receive benefits for pain and suffering.

On the other hand, a personal injury case allows a claimant to receive all damages connected to their suffering. This can include lost wages, diminished earning capacity, future medical expenses, and pain and suffering.

No Lawsuits Against Employer in Workers’ Compensation

By accepting workers’ compensation benefits, injured workers lose the right to pursue a lawsuit against their employers, or coworkers, for any negligence connected to the accident. There are two notable exceptions to the is exclusion: crew members of vessels and interstate railroad workers.

Speaking to a personal injury attorney immediately after your accident can help ensure you are pursuing the most advantageous legal route.

Receive a Free Review of Your Case

Workers who have been injured at work can turn to San Diego Injury Lawyer for a free case review. Contact us online, or call us today at (619) 272-4028 to find out which claim type - workers’ compensation or person injury - can maximize your compensation. Speaking to a personal injury attorney immediately after your accident can help ensure you are pursuing the most advantageous legal route.