Personal Injury Claim v. Worker’s Compensation Claim

The most significant difference between a personal injury claim and a worker’s compensation case is fault. A personal injury case is based on fault, whereas a worker’s compensation case is not.   Below we have identified some of the differences between personal injury cases and workers compensation cases.  As always, it is critical to work with an experienced attorney to determine your legal options.

Personal Injury Case

  1. Fault:  In order to recover damages for being injured on someone else’s property, together with your lawyer, you must establish that that other person negligently maintained their property.  Essentially, this means that the property owner did something wrong.  For example, like in most car accident cases, with the exception of “no fault” states, you can only recover damages from the other driver if the other driver was at fault.
  2. Damages:  You are able to recover for the harm/injuries you suffered.  An example of these damages includes the following:
    1. Lost earnings
    2. Lost earning capacity
    3. Medical bills
    4. Future medical expenses
    5. Permanent impairment
    6. Pain and suffering
    7. Loss of enjoyment of life

Workers’ Compensation Case

  1. No Fault:  You do not need to prove that your employer or co-workers did something wrong to receive workers’ compensation benefits.  In most cases, an employee who is injured on the job is entitled to worker’s compensation benefits.  
  2. Damages: Not entitled to benefits for pain and suffering in a workers’ compensation case.  You can receive weekly compensation, permanent impairment benefits, medical bills, and vocational rehabilitation.

Contact Stewart Guss

If you are thinking about filing a personal injury or worker’s compensation claim, and have questions about your legal rights, you may want to discuss your options with an experienced personal injury and worker’s compensation attorney.  Stewart Guss will do whatever it takes to get you fully compensated for your injuries, and he takes pride in treating his clients like family.  Pick up the phone and call 713-766-5883 to talk to us about your personal injury or worker’s compensation case. Remember, your consultation is FREE, and you pay NOTHING until we win your case.





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