Workers’ Comp vs. Personal Injury Claims: What’s the Difference?

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Depending on the circumstances of your work injury, you can either file a workers’ compensation claim or a personal injury claim. So what’s the difference and which one should you file? The biggest difference between the two is that a personal injury claim is based on fault, while workers’ compensation is not.

Personal Injury Claim

If you were injured due to a negligent third party, you may be able to file a personal injury claim. For example, if you were struck by a truck driver who had improperly loaded cargo, you could sue the driver/owner of the truck. Or, if you slipped and fell in a hallway at a restaurant with no caution signs, you could sue the owner/manager. In both cases, you must be able to prove that the other party’s negligent act led to your injury.

Workers’ Comp Claim

If you caused your own injury or your injury was the result of an accident with no negligence involved, your only option may be to file a workers’ compensation claim, since there is no need to prove liability. Regardless of who caused your injuries, you can receive benefits as long as the injury took place while you were at work.

How to Decide Between the Two

Certain situations may arise where you will have the option to choose between a workers’ comp claim and a personal injury claim. If you were injured at work due to someone else’s negligence, you can consider filing either type of claim.

While personal injury claims are more challenging to prove, you stand to receive a larger amount of damages if you win; personal injury claims allow you to recover damages for pain and suffering. A workers’ compensation claim, on the other hand, may be easier to prove because there is no need to establish liability. However, you may not receive damages for pain and suffering.

If you’re unsure about whether to file a personal injury claim or a workers’ compensation claim, contact the Connecticut personal injury attorneys at Carter Mario Injury Lawyers today.
Request a free consultation by calling (203) 876-2711 or contacting us online.