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Personal injury and workers' compensation claims aim to help injured persons get the resources they need to recover. Both involve filing insurance claims with the liable party's provider. However, this is where the similarities between these two types of cases end. Below are details about the differences between a personal injury and a workers' compensation claim.

Personal Injury

A personal injury results from another party's negligence, and that negligence must be proven for a victim to recover damages. Common sources of personal injuries include car accidents, slips and falls, and medical malpractice incidents.

To be awarded damages, you must establish fault, showing that the other party violated a certain standard of care or safety. Eyewitness testimony, photos and videos from the scene, and medical records can all be compelling evidence.

In a personal injury claim, the victim can seek damages for the expenses associated with the accident—medical bills and lost wages, for instance—and for pain and suffering.

Workers' Compensation

insurance claimsWorkers' compensation only covers injuries sustained while the victim is at work. Fault is not required to prove a work injury, so the victim doesn't need to submit evidence of their employer's wrongdoing; they simply file an insurance claim with their employer's provider. The workers' compensation system is designed to protect workers from the financial fallout of an on-the-job accident and employers from liability and litigation.

In a workers' compensation case, you are limited as to what you can receive in damages. A victim will typically be rewarded their weekly pay, the cost of medical care, impairment benefits, and any expenses for job-related rehabilitation. A victim cannot seek damages for pain and suffering.

In rare instances, a victim injured on the job may be able to file a personal injury claim. Possible reasons include an injury intentionally committed by an employer; an employer who doesn't carry the legally required workers' compensation insurance, thereby preventing the victim from filing an insurance claim; or a work injury caused by a defective product, in which case a lawsuit would be filed against the product manufacturer.

 

If you've experienced a personal or work injury, an attorney can help protect your rights, file the necessary insurance claims, and pursue compensation. Arndt Buswell & Thorn S.C. has been serving western and central Wisconsin since 1991. They offer representation in injury claims, family law issues, bankruptcies, real estate transactions, and other legal matters. Call (608) 269-1200 to schedule a consultation, or visit them online to explore their practice areas.

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