Workers Compensation vs. Personal Injury Law

When an employee sustains an injury at work, taking the proper steps to ensure that he or she is financially covered is critical to the recovery process. There are two very different terms used to address at-work injuries, that are often used interchangeably: workers compensation and personal injury law.

Workers compensation only applies to workers who were injured while on the job, while personal injury law applies to anyone who is hurt due to the negligence of another. Workers compensations does not consider who or what caused the injury – as long as the employer offers workers compensation benefits, a personal injury case cannot exist. The only exception to this rule is if the worker was injured by someone other than an employer or a co-worker, because the employer’s workers compensation package is unable to cover the negligence and responsibility of people unassociated with the company. In order to recover damages in a personal injury case you must prove that another person’s negligence caused your injury.

Workers compensation and personal injury differ in the types of damages that may be rewarded to the injured person. While workers compensation benefits only cover limited medical expenses, disability payments and retraining benefits. Personal injury recoveries include those, as well as anything else that it might take for the injured person to be “made whole” again. That can include medical care and related expenses, permanent physical disability, lost wages and projected lost wages, loss of experiences, emotional damages and damage to property.

Another difference between workers compensation and personal injury law is that attorneys will not typically be involved in workers compensation cases because insurance companies generally don’t deny injured employees their benefits under workers compensation. Cases are filed with the Workers Compensation Board, and if the employer’s insurance company and in the rare instance that the employee are unable to reach an agreement then the Board with make a final judgement. Conversely, personal injury cases require legal representation. Defenses do not exist in workers compensation cases, but they do exist in personal injury cases.

Workers compensation serves as a tool that employers can use to avoid personal injury lawsuits altogether. As long as an employer provides their employees with the option of workers compensation, they cannot be sued for personal injury or wrongful death damages. If you have been injured and plan on suing for personal injury, be sure to speak with a local Chicago injury lawyer. They can help you find out what your options are and almost all of them offer free consultations.