If you’ve been injured, you might be involved in various legal situations. Two of the most common types of cases after an injury that requires costly medical care are a personal injury lawsuit and a workers’ compensation insurance case. Because of the similarities, many people confuse the two. Here’s some information that will help you understand the difference.

What Is a Personal Injury Lawsuit?

A personal injury case is a lawsuit based on an injury in which another person is at fault. The plaintiff must show not only that he or she suffered damages—including pain and suffering—but also that the defendant was at fault, either through recklessness or negligence. The plaintiff must also show the defendant's actions wholly or partly caused the accident in which the personal injury occurred. If the above are all proven, the plaintiff may be awarded payment for all incurred expenses, and also may receive damages to compensate for any pain and suffering endured. 

What Is a Workers’ Compensation Case?

Unlike with a personal injury suit, a workers’ compensation case does not hinge on fault. It doesn't matter if anyone else was reckless or negligent, as long as the injury or illness occurred during the plaintiff's workplace duties. Moreover, plaintiffs are not entitled to damages for pain and suffering. Rather, they may only receive reimbursement for medical costs, lost wages due to time off work, and vocational rehabilitation if you can no longer perform your old duties. Workers who accept workers’ compensation benefits must agree not to seek other damages from their employer—for example, through a lawsuit. 

To file a personal injury lawsuit or appeal a workers’ compensation decision, contact Daniel R. McComb Attorney at Law in Batavia, NY. He and his team have served Genesee County for more than 35 years. Other practice specialties include bankruptcy, social security disability, estate planning, real estate, and wrongful death cases. Message them online or call (585) 343-2250 to discuss your personal injury or workers’ compensation case.