What are some of the major differences between a workers compensation claim and a personal injury lawsuit?

One of the primary differences concerns who is found at fault for the accident. If your injury was caused solely by your company or a coworker, you will be covered by Workers Compensation, but cannot file a personal injury lawsuit. If another company or one of its employees caused your accident, you can file a personal injury lawsuit against that third-party. You can also claim Workers Compensation.In a Workers Compensation case, if the parties can’t agree on a settlement amount, a Workers Compensation board makes the decision and awards are fairly limited. In a personal injury lawsuit, if the parties can’t agree on a settlement, a jury makes the decision, and juries can be highly unpredictable. That’s why many parties will settle before letting a personal injury lawsuit go to trial.

In a Workers Compensation case, compensation is limited to medical expenses, disability and rehabilitation services. In a personal injury lawsuit, those damages are also considered, as well as other physical and mental injury, such as pain and suffering. Legally, you are entitled to be made whole again. That’s why personal injury awards are often higher than Workers Compensation claims.

Posted in: Construction Accidents