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What is the difference between workers compensation and personal injury?

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There are several differences between a workers compensation claim and a personal injury claim. Number 1 is that for workers compensation, the injured worker does not need to prove fault. It’s automatic, the coverage is there. On the other hand, the amount of compensation that worker can get is a lot less than they could get in a personal injury claim. Typically in a workers compensation case, the injured worker will have their medical bills paid and they can get some other damages for lost wages and disability, but not the full amount of their damages. If a third party is actually at fault for the workplace accident, the injured worker is likely to be far better off in terms of getting compensation if they pursue a personal injury case. Workers compensation coverage is nice because it’s automatic, but it’s very basic and it’s very bare minimum. And it’s not the sort of thing that’s going to cover the worker completely. And that’s why, if a person has a third party personal injury claim, it should be pursued, so that the injured person can get fully compensated.

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