Skip to Content
Logo  Turley Redmond & Rosasco, L.L.P.
News & Resources

Search Our FAQ's

Main Differences Between Workers’ Comp And Personal Injury Claims

Accidents can happen anytime and anywhere. Whether it’s on the job or because of someone’s negligent actions, knowing what your legal options are is crucial. Workers’ comp and personal injury claims are two common ways to receive compensation, but they operate differently. Using this guide, you will be able to understand their main differences so you can choose the right one for your situation.

The Basis Of Each Claim

Each claim is based on different reasons and has its own set of rules to qualify:

Workers’ Compensation

Workers’ comp claims exist to ensure employees receive benefits if they are injured while working. What sets this system apart from other cases is that fault doesn’t necessarily play a role. Whether an employee accidentally injures themselves or falls victim to a hazardous workplace environment, they can file a claim.

Personal Injury Claims

On the other hand, personal injury claims are based on another party’s negligence. To succeed, you need to demonstrate that another individual or entity’s careless actions led to  your injuries. For instance, if you were hit by a speeding car at a pedestrian crossing, you can pursue a personal injury claim against the driver for negligence.

Types of Benefits You’re Eligible For

As for compensation structures, there are significant differences reflecting their primary purposes:

Personal Injury

When pursuing a personal injury claim, you may be eligible for a variety of compensations, including:

  • Medical expenses: These cover immediate treatment and future medical costs relevant to your injuries.
  • Pain and suffering: This recognizes the physical and emotional distress you had to experience due to the accident.
  • Lost wages: Compensation for work days you missed due to being injured.
  • Loss of future earnings: If the injury prevents you from working as much as you used to, this type of compensation becomes relevant.

Workers’ Comp

Since workers’ comp is an employee safety net, this claim focuses on getting the injured worker back on their feet. The potential benefits include:

  • Comprehensive medical coverage: This compensation package covers everything from surgeries to medication.
  • Temporary disability benefits: You’ll be compensated for up to two-thirds of your weekly earnings as you recover.
  • Permanent disability benefits: if your injuries cause permanent damage, you can qualify for permanent monthly benefits.
  • Rehabilitation expenses: Depending on the case, the system will cover physical therapies or even vocational training if the worker needs to switch jobs.

Can You File Both Claims At The Same Time?

While most cases will fall under one claim, there are situations where an overlap occurs. For example, say you’re on the job delivering a package, and you slip while going up a staircase in a building. In this case, you can claim workers’ comp from your employer and may be eligible to file a personal injury claim against the building owner. Always review your case’s details with your attorney to see if this applies.

Speak To An Attorney Today

Understanding which claim to file can be complicated, but knowing their main differences is critical to ensuring you get the compensation you deserve. If you’re unsure about which claim to file, our attorneys are here to guide you through the process. Please contact us online or at 855-599-2141 to schedule a free consultation with our New York workers’ compensation lawyers today. 

Top 100 Lawyers
Best Law Firms