Work-Related Injuries: Workers’ Compensation vs. Personal Injury Claims

Work-related injuries are an unfortunate but serious possibility. If you get injured while on the job, it’s important to know your rights and entitlements to benefits. Many who get injured at work assume that a personal injury and workers’ compensation claim are the same. While the two situations are similar, there are some important distinctions between the two – especially when it comes to compensation. Here’s a breakdown on workers’ compensation vs. personal injury and how it applies to your work injury.

Proving Workers’ Compensation vs. Personal Injury Cases

The main difference between workers’ compensation and personal injury claims is the proof needed to validate the claim. In a Missouri workers’ compensation claim, you don’t need to prove any form of negligence as you’re entitled to those benefits. You’ll be asked how the injury took place and simple questions about the incident such as the name of your employer, job title, and job responsibilities.

In a personal injury claim, proving fault based on physical evidence is core to the case. You must be able to prove fault or liability based on your injuries, expert testimony, and witness statements. Personal injury cases are usually tried in civil court, while workers’ compensation cases are heard before an administrative law judge with no jury.

Receiving Workers’ Compensation vs. Personal Injury Benefits

Another difference between worker’s compensation vs. personal injury is their respective payouts. Personal injury claims will not be paid until the case is settled, which can sometimes be months or even years after the injury takes place. Workers’ compensation insurance, however, pays out quickly. Instead of having to wait to be paid, you’ll receive a weekly payment until a lump sum settlement is reached. However, some circumstances will allow you to receive benefits from both workers’ compensation and a personal injury claim, though it’s usually not very common.

If you’re injured at work but your injury isn’t caused by someone related to your work, there’s a potential to claim workers’ compensation and personal injury benefits. The most common scenario where this happens is in an automobile accident. If you’re driving a car or truck as part of your work and another driver causes a collision, you’re able to file a claim against both parties. This is known as a third-party liability claim, which you won’t receive until your settlement is reached. Additionally, workers’ compensation insurance will want what they’ve given you from your third-party insurance claim repaid.

Contact Your Missouri’s Workers’ Compensation Legal Experts

Workers’ compensation claims can be a trickly legal battle to navigate on your own. If you’ve been injured on the job, you’ll want a legal professional on your side to help you determine how to maximize your benefits and receive them quickly.

The lawyers at Lanzotti & Rau have years of legal experience to help you pursue your deserved workers’ compensation. To learn more about our legal services, call us today at 573-335-9300 and schedule your free consultation.