On the surface, personal injury claims and workers’ compensation claims may appear very similar. You get injured; you file a claim; the claim is processed; and someone compensates you for the injury. Personal injury and workers’ compensation claims do generally follow the same procedures, but they have distinct differences that are worth your consideration. If you’ve recently been in an accident and aren’t sure how you should file for compensation, see how personal injury and workers’ compensation claims differ to get a better idea.
The Main Difference? Fault
To best understand how personal injury and workers’ compensation claims differ, you should first look at the main difference between them, which is a need for fault. For personal injury claims, someone must be at fault for the damages incurred. For an injury acquired while you were on the job, you don’t need proof of any fault to gain workers’ compensation benefits.
To prove your personal injury accident was someone else’s fault, you’ll need an assortment of documents when filing your personal injury claim. Without these documents, your case will be weak. To get the best reimbursement for your damage, you’ll need to have thoroughly organized evidence.
Difference in Compensation for Pain and Suffering
Another main difference between personal injury claims and workers’ compensation claims is what you’re entitled to. You’re entitled to reimbursement for all damage suffered from a personal injury, but there are limitations when it comes to workers’ compensation.
Personal injury claim entitlements include the following:
- Loss of income
- Medical expenses (current and future)
- Legal fees
- Auto damage, if applicable
- Loss of enjoyment of life
Workers’ compensation is typically limited to the following coverage:
- Weekly compensation
- Medical expenses
- Vocational rehabilitation
- Permanent impairment benefits
Essentially, you won’t receive any pain and suffering benefits with a workers’ compensation claim.
Requirements To Be Eligible for Workers’ Compensation
You need to meet a handful of requirements in order to be eligible for workers’ compensation. Some of them may seem obvious, but they’re worth noting to avoid any misconceptions:
- You must be an active employee.
- Your employer must have workers’ compensation insurance.
- Your injury or illness must be work-related.
- You must meet your state’s filing deadlines.
Whatever the reason for your injury, make sure you’re adequately compensated by filing your claim on time. The more thorough you are during the filing process, whether it’s for a personal injury claim or for workers’ compensation, the fewer issues you’ll have in acquiring reimbursement for the injuries.
