Workers’ Compensation vs. Personal Injury Claims: Key Differences
Injuries can happen at any time, including in the workplace and everyday life. However, when someone is injured, they may be entitled to compensation for their medical expenses, lost wages, and pain and suffering. Workers’ compensation and personal injury claims are two distinct legal avenues through which individuals can seek compensation for their injuries.
Our personal injury attorneys at Rios & Parada are committed to the law and our clients. We understand a lot is at stake, and we’re here to help you get the legal care you need. Contact us online or call (915) 532-2333 to learn more.
Nature of Injury
One of the fundamental differences between workers’ compensation and personal injury claims lies in the nature of the injury. Workers’ compensation generally covers injuries while performing job-related tasks. This can include slips and falls, injuries from machinery, or health conditions that develop due to occupational hazards. However, personal injury claims encompass a broader spectrum of injuries that occur outside the workplace, such as car accidents, medical malpractice, and more.
Fault and Liability
Workers’ compensation is a “no-fault” system, which means regardless of who is at fault, employees are generally entitled to workers’ compensation benefits. However, in the case of personal injury claims these cases rely on establishing fault or liability. For these cases to be successful, it’s essential to demonstrate that someone else’s negligence or intentional actions are responsible for the injury sustained with the help of an El Paso personal injury attorney.
Compensation Limits
In the case of workers’ compensation, these cases typically cover medical expenses and a portion of lost wages, but they do not provide compensation for pain and suffering. These benefits are usually limited and determined by state laws. When it comes to personal injury claims, on the other hand, victims can seek compensation for medical bills, lost income, property damage, and physical and emotional suffering, which often results in more substantial compensation to the injured party.
Proving Negligence
In personal injury claims, the injured party (the plaintiff) must prove that the defendant was negligent and, as a result of their negligence, they were injured. This process involves gathering evidence, witnesses, and expert opinions and presenting a convincing case to the court. In workers’ compensation cases, there is no need to prove fault; the injured worker is entitled to benefits as long as the injury occurred during the course of their employment.
Litigation Process
Personal injury claims are typically resolved through negotiations, mediation, or litigation in civil court. This can be a time-consuming process that often requires the expertise of a personal injury attorney. Workers’ compensation cases are often resolved outside the courtroom, with employers and their insurers handling the claims process. However, disputes may still arise, and an attorney may be needed to represent the injured worker.
Fight Honestly with Rios & Parada
When it comes to your rights, Rios & Parada is here to help. We provide El Paso clients with free phone consultations for personal injury cases. Call (915) 532-2333 to speak to a personal injury attorney today.