Personal injury claims and workers’ compensation claims start with an injury, but they may look very different—especially in terms of the compensation you receive.
You can file a workers’ compensation claim only while you suffer injuries in the course of your job duties. You cannot file a workers’ compensation claim if you suffered injuries at your place of employment while off the clock. In the case of injuries sustained off the clock, you have the same right to a personal injury claim as any other member of the population. It does not matter if you suffer an injury at your place of employment or in another location while completing your job duties: for example, if you suffer an injury while making a delivery for your employer, you can still claim workers’ compensation.
Workers’ compensation does not offer payment for pain and suffering. In a personal injury claim, pain and suffering often nets a higher settlement than other factors. In a workers’ compensation claim, you cannot claim pain and suffering, which may limit the funds you can receive. You can, however, receive compensation for pain and suffering if you file a personal injury claim outside the workers’ compensation settlement: in a product liability accident, for example, you may have the right to file a personal injury claim, including the associated pain and suffering.
It does not matter who caused your accident. In a personal injury claim, you will only receive compensation if another party caused your injuries. If you contributed to the accident, including horseplay or violence in a premises liability claim or distraction in an auto accident, you may lose your right to file for compensation or have your compensation reduced accordingly. In a workers’ compensation claim, it only matters that you suffered your injury at work, while on the clock.
Workers’ compensation benefits may limit the physicians and therapists you can use for your treatment. Often, workers’ compensation insurance will work with specific providers in your area. In a typical personal injury claim, you have the right to choose your provider for treatment. Workers’ compensation, on the other hand, may offer a much more limited list of physicians. You may need to follow specific guidelines to have workers’ compensation pay for your treatment.