Key Differences Between Personal Injury and Workers’ Compensation Claims
January 8, 2018
Workers’ Compensation and personal injury cases both provide financial compensation for an individual who has been injured. The main difference between the two is that a personal injury claim is based on fault, whereas a Workers’ Compensation case is not. While this is the biggest, and most important difference, there are other factors you should know when deciding whether you should pursue a personal injury or Workers’ Compensation claim for your injuries. A skilled Workers’ Compensation lawyer can recommend the best legal course of action and ensure that your rights are protected.
If you slip and fall on someone’s property, resulting in an injury, this would be grounds for a personal injury claim. In order to recover damages for your injury, you must be able to prove that the property owner was at fault. For example, if they did not maintain the property, failed to remove ice, snow, or debris from the sidewalks, or failed to provide adequate lighting, causing you to slip or fall, you may recover damages from the property owner under premises liability laws. If the injury occurred while an employee was officially on the job, they will likely be entitled to Workers’ Compensation benefits.
Compensation Differences
In addition to fault, another significant difference between a personal injury and Workers’ Compensation claim is that you are eligible to recover damages for pain and suffering in a personal injury case, whereas you do not have this option in a Workers’ Compensation claim. Damages for pain and suffering can include lost earnings, lost earning capacity, present and future medical expenses, permanent impairment, pain and suffering, loss of quality of life, and loss of consortium. Once a financial settlement has been agreed upon by both parties, the plaintiff may not seek additional benefits down the road.
In a Workers’ Compensation case, an injured worker will likely receive weekly payments that cover medical bills, wage loss, partial and total disability, specific loss, and vocational rehabilitation. It is not uncommon for an employer’s insurance company to challenge a claimant’s right to their benefits. Workers’ Compensation law ensures that all injured employees are compensated for any injuries that occurred while on the job. Therefore, you do not have the right to sue your employer for negligence, or to collect damages for pain and suffering.
Baltimore Workers’ Compensation Lawyers at LeViness, Tolzman & Hamilton Assist Clients Injured on the Job
If you have been injured at work and you are unsure about the compensation options that are available to you, do not hesitate to contact the Baltimore Workers’ Compensation lawyers at LeViness, Tolzman & Hamilton. You are entitled to full Workers’ Compensation benefits for any workplace injury. We will address your questions and concerns, and ensure that you receive the maximum financial compensation you deserve. To schedule a free consultation, call us at 844-556-4LAW (4529) or contact us online.
