When someone gets hurt, one of the first questions is how to recover the costs of medical treatment and lost wages. According to our NY workers’ comp lawyer, two common paths are personal injury claims and workers’ compensation claims. At first, they may appear similar since both deal with injuries, but they are handled very differently under the law. Knowing how they differ helps us understand what to expect if an accident occurs.
Fault Versus No-Fault Systems
A major difference between the two types of claims is how fault is considered. In a personal injury case, the injured person must prove that another party was responsible for the accident. For example, in a car accident, the injured driver would need to show that the other driver’s negligence caused the crash. Workers’ compensation, on the other hand, generally does not require proving fault. If we are injured while performing job duties, we can often file a workers’ compensation claim regardless of who caused the accident.
Types Of Benefits Available
The benefits also differ between these two systems. In a personal injury case, damages can cover medical costs, lost income, pain and suffering, and even long-term effects such as emotional distress. Workers’ compensation, however, is more limited. It usually covers medical treatment, a portion of lost wages, and sometimes rehabilitation costs. It does not typically include compensation for pain and suffering, which is often a large part of a personal injury claim.
Where The Case Is Handled
Another important difference is how the cases are processed. Personal injury claims are usually handled in civil court, where a judge or jury decides the outcome if a settlement is not reached. Workers’ compensation claims are typically handled through an administrative process with a state agency. This process is often quicker but also more restrictive when it comes to the types of damages that can be awarded.
Ability To Sue The Employer
In most situations, workers’ compensation laws prevent us from suing our employer directly for injuries that occur on the job. This system was designed to give workers quicker access to benefits while protecting employers from lawsuits. Personal injury cases, however, are based on the ability to hold the responsible party legally accountable through the courts. The difference here is significant because it affects both strategy and outcome.
Third Party Involvement
Sometimes, a workplace injury may involve a third party who is not the employer. For example, if a worker is injured by defective equipment, it may be possible to file a workers’ compensation claim and also pursue a personal injury lawsuit against the equipment manufacturer. This overlap shows how the two systems can sometimes work together depending on the facts of the case.
Take The Next Step
Both personal injury and workers’ compensation cases provide important protections, but they serve different purposes. Personal injury cases aim to make the injured person whole by covering a broad range of damages, while workers’ compensation provides more limited but quicker benefits for job-related injuries. With over fifty years of experience, our legal team at Hurwitz, Whitcher & Molloy can attest to the importance of knowing which path applies when an injury occurs. If you or a loved one has been hurt, contact us today to take the next step and seek the right legal guidance. We are here for you 24/7.