There are key differences between a workers' compensation claim and a personal injury lawsuit:
- Fault Requirement: Workers' compensation is a no-fault system, meaning you do not need to prove that anyone was at fault to receive benefits. In contrast, a personal injury lawsuit requires proving that another party's negligence caused your injury.
- Compensation Types: Workers' compensation covers medical expenses, lost wages, and rehabilitation costs but does not provide for pain and suffering or punitive damages. Personal injury lawsuits can seek broader compensation, including pain and suffering, emotional distress, and punitive damages.
- Process: Workers' compensation claims are typically faster and less adversarial, involving administrative procedures rather than court trials. Personal injury lawsuits involve more complex legal processes and can take longer to resolve.
- Eligibility: Workers' compensation is available to employees injured on the job. Independent contractors and those injured by third-party negligence must rely on personal injury lawsuits for compensation.