Personal Injury and Workers’ Compensation Claims: How They Differ

Many people are confused about the distinction between workers’ compensation claims and personal injury claims. Yes, they both involve being injured in an accident and being compensated accordingly, but there are some important differences that can be useful to understand. If you have been injured on the job, protect your rights by working closely with an experienced Chicago workers’ compensation attorney. 

Negligence Claims

The primary difference between personal injury and workers’ comp claims is the matter of negligence. If, for example, you are injured in a car accident that is caused by another driver’s negligence, you can seek compensation for the physical, financial, and emotional losses you suffer. You will, however, need to prove that the other party’s negligence was – in fact – responsible for these covered losses. In a workers’ compensation claim, however, the matter of negligence (on your part or on the part of your employer) does not play a role, and you can seek more limited compensation regardless.

Workers’ Compensation

Workers’ compensation is meant to even the playing field between employers and employees in the sense that employees are covered for injuries they endure on the job, and employers do not have to worry about lawsuits coming from injury-causing accidents. Workers’ compensation claims leave the matter of negligence out of the equation. Workers can count on coverage, and employers can count on not being sued – but both sides give something up in the process. Employers are required to cover their employees (even if they might not be held responsible in a comparable personal injury claim), and employees lose the right to sue for more comprehensive compensation.

The Distinction Regarding Compensation

If you are injured in an accident that was caused by another party’s negligence, you can seek compensation for all the following:

• Your complete range of medical expenses, including ongoing costs
• Your lost earnings, including lost earning potential 
• Your physical and psychic pain and suffering, which can be even more consequential than your other injuries

In a workers’ compensation claim, on the other hand, you can only seek compensation for the following:

• Your necessary medical expenses
• A specific percentage of your earnings, which can meet maximums and can end in disability payments (in extreme circumstances)

It’s important to note that the workers’ compensation insurance company is motivated to keep its profits high, which means that it may not share your views regarding which medical expenses are necessary and will not make obtaining just compensation easy. If you’ve been injured on the job, it is in your best interest to have professional legal counsel in your corner.  

It’s Time to Consult with an Experienced Chicago Workers’ Compensation Attorney

The trusted Chicago workers’ compensation attorneys at Saks, Robinson & Rittenberg, Ltd., are committed to employing the full force of their considerable experience in pursuit of your claim’s favorable outcome. We’re on your side and here to help, so please don’t wait to contact us for more information today.