Dec 19, 2017

Are Workers’ Comp Claims Different Than Personal Injury Claims?

Many people confused workers’ compensation claims with those of personal injury, and this is because they are incredibly similar in nature. However, there are distinct differences between the two. While both of these claims seek to allow victims of injury to obtain the compensation they deserve, they are not one in the same.

The biggest difference between personal injury cases and workers’ compensation cases is that of determining who was at fault for the accident. In a personal injury case, fault needs to be proven in order to successfully pursue one’s rights. However, in a workers’ compensation claim, an injured employee is almost always granted benefits without having to prove the fault of another. As a worker, even if your injury was caused by your own negligence and fault, you are still eligible for workers’ compensation benefits.

Another significant difference between these two kinds of claims is the damages you will receive. In a personal injury case, the possibilities are nearly endless. You may pursue benefits for your pain and suffering, permanent impairment, loss of enjoyment, lost earning capacity, medical expenses, and more. However, in a workers’ compensation case, your compensation is limited to a weekly stipend, any future medical bills, permanent impairment benefits, and vocational rehabilitation. You cannot receive anything for your pain and suffering or emotional distress.

Contact Our Atlanta Workers’ Compensation Attorneys Today

If you have been injured while on the job, you must enlist the help of a trusted advocate today. At Hansford McDaniel – Workers’ Compensation Attorneys, we seek to offer our clients top-rated and comprehensive legal counsel, care, and representation.

To speak to a reliable member of our firm, please don’t hesitate to contact us by calling 770-922-3660 at your earliest convenience.