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What is the Difference Between a Workers' Compensation Claim and a Personal Injury Claim?


Although some tend to classify workers’ compensation claims as personal injury, there are actually some distinct differences between the two. While it is possible for an injured worker to file a personal injury claim against an employer, it is entirely dependent on some very specific factors. Generally, if an employee is injured while at work or while performing work duties, he or she would file a workers’ compensation claim.

Below are some of the key differences between workers’ compensation claims and personal injury claims:

  • The Determination of Fault: In order for a valid personal injury lawsuit to exist, liability or fault must be involved, usually in the form of negligence. However, when it comes to injuries sustained on the job, most injuries are usually covered under workers’ compensation even if the employer was at fault for it.
  • Damages: In a personal injury case, the injured party could be entitled to a vast range of damages that also include pain and suffering. A workers’ compensation claim, on the other hand, does not include pain and suffering. Additionally, workers’ compensation benefits are typically paid weekly or periodically, whereas injury damages can be awarded in a lump sum.
  • The Right to Sue: In most cases, once you file for workers’ compensation benefits, you cannot file a lawsuit against your employer. If your accident involved a third party, however, you might be able to file a separate personal injury lawsuit against the liable third party.

If you are not sure what type of claim you should file, or are unsure if a third party could be held accountable the injury you sustained, consider scheduling a consultation with an experienced workers’ compensation attorney for the legal advice you need.

Experienced Workers’ Compensation Attorneys in Orange County

At Alvandi Law Group, P.C., our knowledgeable Orange County workers’ compensation attorneys are here to provide exceptional legal service and insightful legal advice for injured workers. You have the right to receive crucial workers’ compensation benefits if you sustained an injury or developed a condition due to your job and we will fight to ensure you receive them. Our legal team is backed by over 30 years of combined experience, so you can be confident that you will be effectively represented.

Get started on your case today and call the Alvandi Law Group, P.C., at (800) 980-6905 to schedule a free initial case evaluation.

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