The main difference between a workers’ compensation claim and a personal injury lawsuit is that a personal injury lawsuit is based on fault while workers’ compensation is not. Any injury that occurs to an employee during work is covered by workers’ compensation regardless of fault.
In order to recover damages against another person in a motor vehicle accident or slip and fall, one must be able to prove negligence on the part of the other person.
Employees who are injured on the job are entitled to workers’ compensation benefits, regardless of fault. Employees are not required to prove any negligence on the part of their employers in order to file and receive workers’ compensation benefits. Employees are entitled to workers’ compensation even if their own negligence cause the injury.
While workers’ compensation will pay you compensation for your medical bills, lost wages and permanent impairment rating, it will not pay for pain and suffering. The cap on workers’ compensation benefits, therefore is much lower than the typical personal injury lawsuit/settlement.
When you file a personal injury lawsuit, you are entitled to compensation for pain, suffering, and loss of enjoyment of life.
The workers’ compensation laws are designed to ensure all workers’ who were injured on the job would get their lost wages and medical bills paid right away. In return, employees lost the right to sue their employers for negligence and lost the right to collect damages for pain and suffering.