Both workplace and personal injuries can have devastating effects on a victim's health, livelihood, and finances. But there are some distinctions between personal injuries and workers' compensation cases that go beyond the location of the accident. Here is a breakdown of these differences to help you determine which applies to your situation.

Liability

One of the biggest differences has to do with liability. In a personal injury claim, there is typically one party who is sued for damages because their negligence caused the accident and damages in question.

The workers' compensation system, on the other hand, is a no-fault one. In most cases of workplace injury, neither the employer nor the injured worker is considered legally liable for the accident. The employer carries workers' compensation insurance to cover the costs of the injury. Furthermore, by filing a workers' compensation claim, the employee is forfeiting their right to sue for damages.

Damages

The amount of damages differs greatly between personal injury and workers' compensation cases. With a personal injury, a victim can sue for the costs of medical care, lost wages, and pain and suffering, to name just a few areas.

With a workers' compensation case, the victim is restricted in which damages they can recoup; for instance, they cannot seek compensation for pain and suffering. The costs are essentially limited to only those directly associated with medical care and time off work.

Time Frames

In general, a workers' compensation claim proceeds much faster through the necessary channels than a personal injury case. Those who are awarded workers' compensation typically receive payment within days or weeks of filing the initial claim.

In a personal injury suit, fault and liability need to be satisfactorily established, and the case must move through the legal system. It can take months or even years before the issue is resolved.

Regardless of where you've been injured, you deserve to have the resources for full recovery and compensation. The Law Offices of Brian J. De Lima in Hilo, HI, are here to help. For over three decades, attorney Brian De Lima has represented clients throughout the Big Island in personal injuries, family law matters, and criminal law cases. Call (808) 969-7707 or visit his website to set up a consultation today.