What is the Difference Between Workers’ Compensation and Personal Injury?
If you have been injured in an accident, you may wish to take action. Before moving forward, you will want to be sure you know the difference between workers’ compensation and filing a personal injury claim. Here are several key differences between these two courses of action:
- Fault: In a personal injury case fault is needed, and a lawyer must show evidence that demonstrates that an injury came about as a result of the action or inaction of another person. Conversely, in a workers’ compensation case, employees do not need to prove their employer is at fault. With limited exceptions, all employees who are injured while working are entitled to workers’ compensation benefits. This is true even if the injury occurred as a result of the injured person’s negligent behavior.
- Damages: In a personal injury claim, the victim is owed all damages they suffer from their accident such as medical expenses, permanent impairment, lost earnings, pain and suffering and more. In a workers’ compensation case the injured party is not owed reparations for pain and suffering. Injured workers receive weekly compensation, medical bill support, vocational training and permanent impairment benefits only.
- Ability to sue: If you are a victim of personal injury you have the right to sue the party at fault. The lawsuit will be handled in court and a jury will decide the outcome. Unlike a personal injury accident, if you are injured at your job you may not sue your employer. Exceptions to this rule include crewmembers of boats and interstate railroad workers.
After a workplace injury, meet with an experienced North Carolina workers’ compensation lawyer at the Lanier Law Group, P.A.