Workers Comp vs Personal Injury – What’s the Difference?

If you’ve been seriously injured, you may be drowning in medical bills, financially struggling, and unsure where to turn. Everyone seems to have advice, and you hear the words workers’ comp and personal injury thrown around a lot. While both provide compensation after an accident, it is important to understand the differences to determine the best option in your case.

Key Differences Between Workers’ Compensation and Personal Injury Claims

Both workers’ compensation and personal injury claims relate to injury, so you may wonder, what is the difference?

An injured employee can file a workers’ compensation claim when injured at work or through the scope of their employment. Workers’ compensation aims to protect injured workers first and foremost.

Personal injury lawsuits are appropriate when a third party has injured you. Personal injury claims are your best option if you have suffered an injury that is not work-related (for example, a slip and fall at a store or a car accident).

Unsure which type of claim applies to your case? Contact the workers’ compensation lawyers at Munley Law for a free consultation.

Available Compensation: What You Can Recover

There is some overlap between what damages you can recover in a workers’ compensation claim and a personal injury claim, but there are significant differences. Generally, workers’ compensation benefits cover all medical expenses related to workplace injury and a portion of lost wages. These fall under the umbrella of economic damages; workers’ compensation will not cover non-economic damages.

Personal injury claims have a broader compensation range, allowing economic and non-economic damages to be awarded. In addition to medical expenses and lost wages, personal injury claims may cover lost future income, pain and suffering, and other damages.

While both claims can address long-term disability benefits, under a workers’ comp claim, the benefits are determined based on set partial or total disability classifications. When long-term disability benefits are awarded in a workers’ comp claim, they are ongoing payments. In a personal injury claim, there isn’t a classification system, and the amount will be negotiated or litigated and included in the subsequent one-time compensation.

Don’t leave money on the table. Schedule a free case review to understand your full compensation rights.

Role of Legal Representation

Hiring a workers’ comp and personal injury attorney is always a good idea to ensure you are filing the right claims and getting the maximum compensation you are entitled to. Your attorney in a workers’ compensation case will usually be there to address a denied claim, delayed payments, or disputes related to medical treatment or disability categorization. A qualified workers’ compensation attorney will be well-versed in the complex administrative workers’ comp process and will know how to work the system in your favor.

When you file a personal injury claim, you need an attorney right off the bat to establish liability, gather evidence, and begin negotiating with insurance companies.

Don’t struggle through the process of complex legal claims alone. Partner with Munley Law’s experienced personal injury team.

Understanding Fault in Workers’ Comp vs Personal Injury

Workers’ compensation claims are unique from other types of lawsuits because you don’t need to demonstrate that your employer was negligent. This is called a no-fault claim.

While you aren’t required to show your employer’s gross negligence to receive workers’ compensation benefits, you do need to prove the other party’s negligence in a personal injury lawsuit. To prove negligence in personal injury cases, the injured parties must demonstrate the following:

• The third-party owed the victim a duty of care
• The third-party breached that duty
• The victim was harmed as a direct result of the breach of duty

Let our experienced attorneys evaluate your case and determine if you have grounds for both types of claims.

Settlement Process and Timeline

Both workers’ compensation claims and personal injury lawsuits can take a while – anywhere from months to over a year. Your attorney will do everything in their power to quickly negotiate a settlement. Get an estimate of your case timeline with a free consultation from Munley Law.

Impact on Employment Status

Under federal and Pennsylvania law, your employer can’t discriminate or retaliate against you for filing a workers’ compensation claim. As an injured worker, you can’t be wrongfully terminated, have your hours reduced, or any other punishment. Concerned about your job security? Let our attorneys protect your employment rights.

Handling Medical Treatment Requirements

Getting medical treatment following a work-related injury is a bit different than other medical care. For example, your employer’s workers’ compensation policy will often control your choice of healthcare providers. When you are injured outside of work, you normally have full freedom to select your own healthcare provider.

Workers’ compensation insurance policies also often require you to go through the pre-authorization processes for medical treatments. If you aren’t familiar with the process, it is essentially asking insurance to approve coverage of a treatment or medication beforehand.

In personal injury claims, injured parties have more of a say in who their healthcare providers are. They can make decisions that are based more on physician recommendations than policy guidelines because costs are being negotiated after the fact.

There are also documentation differences between workers’ compensation and personal injury claims. Workers’ compensation claims required the injured worker to submit numerous detailed state-mandated forms. In personal injury claims, there are no state-specific forms. Medical records, experts, witnesses, and accident reports are the documentation in a personal injury claim.

Get help understanding your medical treatment rights. Contact our attorneys today.

Time Limits and Legal Deadlines

To receive workers’ compensation benefits, you must report your injury to your employer within 120 days. You then have up to three years to file your claim, but filing as soon as possible prevents your employer’s workers’ compensation insurance from arguing your injury isn’t work-related.

When filing a personal injury lawsuit in Pennsylvania, you have two years from the date of the accident. Don’t risk losing your right to compensation. Reach out to Munley Law before time runs out.

Filing Multiple Claims: What You Need to Know

Pursuing both a workers’ compensation and personal injury lawsuit is possible when you were injured during work, but not necessarily at your place of work or when a third-party caused the accident. This can be a bit confusing, so examples can be helpful:

• If a machine malfunctions in your industrial workplace due to a manufacturing defect and injures you, you may be able to file a personal injury lawsuit against the manufacturer
• If you’re an electrician driving to a client’s home and are hit by another driver, you can pursue a personal injury claim against the at-fault driver

Filing both claims doesn’t mean you get double compensation. The benefit of filing both is that costs are distributed amongst the different parties. Workers’ compensation benefits are more likely to cover lost wages and medical expenses, whereas you could use a personal injury claim to cover damages like pain and suffering.

Get expert guidance on maximizing your recovery through multiple claims. Call Munley Law now.