Key Differences Between a Personal Injury and Workers’ Compensation Case
Personal Injury Law
- Personal injury law will apply to anyone who is damaged by the actions or inactions of others.
- In order to recover personal injury damages, the injured person must “prove” that the other person was negligent, that the negligent act actually caused damages and damages resulted from the negligent act.
- Under personal injury law, there are many “defenses” available to a defendant which may protect them partially from paying damages caused by their actions or inactions.
- Personal injury cases are filed in court and decided by a jury if the parties can not settle the case between themselves.
Workers’ Compensation Law
- Workers’ Compensation law only applies to workers who are hurt on the job.
- Workers’ Compensation benefits are available to an injured worker without regard to who, if anyone, was at fault in causing the injury.
- So long as the employer makes workers compensation benefits available to the injured employee, the employer can not be sued for personal injury or wrongful death damages; workers compensation is the exclusive remedy available to an injured worker.
- A worker hurt on the job by someone other than the employer or a co-worker can purse a personal injury law suit.
- Workers’ Compensation benefits are limited to medical expenses, disability payments and retraining benefits.
These are only a few examples of the major differences between Personal Injury Law and Workers’ Compensation law. How these differences may apply to a particular injury case can only be assessed by an Experienced Personal Injury or Worker’s Compensation Attorney. At Bowman & Associates, our experienced personal injury team along with the Workers’ Compensation legal team can analyze your case to maximize your recovery.
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