When you’re injured at work, you’re probably thinking of filing
a workers’ compensation claim to pay for your medical bills and
lost wages, however, this isn’t your only option for financial recovery.
While you do not have to establish fault in a workers’ compensation
case, you can receive additional benefits through a personal injury lawsuit,
as long as you establish that the party guilty of your injuries was negligent.
Here’s what you need to know about the difference between workers’
comp and a personal injury suit.
As mentioned previously, any employee injured on the job is entitled to
workers’ compensation benefits, regardless of fault. If you are
injured, you do not need to prove your employer or co-workers did anything
negligent for you to receive compensation. Even if your own negligent
actions caused your injuries, you are still entitled to workers’
compensation. In a personal injury lawsuit, such as one for a slip and fall case, you
must prove that a third-party’s negligent actions directly resulted
in your injuries.
Another major difference between workers’ compensation and personal
injury claims are the damages you can receive. In a personal injury case,
you are entitled to all forms of damages, including medical bills, future
medical expenses, lost earnings, lost earning capacity, permanent impairment,
loss of enjoyment of life, pain and suffering, punitive damages and more.
In contrast, you cannot get compensation for pain and suffering and other
noneconomic damages through workers’ comp.
Proving intent and negligence can be difficult, but the compensation you
can receive is worth the fight. If you are looking to file a personal
injury claim against an employer or a third party, please contact our
Austin personal injury lawyers at The Stewart Law Firm, PLLC.
Send us some details about your case through our online form
or call our office at (512) 271-5112 today to schedule your free consultation.