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How workers’ compensation and personal injury claims differ

On Behalf of | Aug 27, 2022 | Workers' Compensation |

wrecked semi truck

If you drive for a living, there is a greater risk that you could be in a collision. When you get injured in an accident while working, it can lead to lost wages, hefty medical expenses, and emotional stress. It can help to know that you have legal options.

Two common ways to pursue compensation are workers’ compensation claims or personal injury suits. Depending on your situation, you might wonder how you should move forward. Understanding the differences between these claims can help you make a decision.

Fault requirements

Determining who is at fault is necessary when seeking compensation through a personal injury claim. For your claim to be successful, you must demonstrate that the other driver’s negligence was the cause of the accident for them to be responsible for your damages.

When filing a workers’ compensation claim, you do not need to determine who was at fault. Instead, you must prove that you were performing duties within the scope of your job when the accident occurred.

Damages

Another difference between a personal injury and a workers’ compensation claim is the amount and types of damages you can receive.

While workers’ compensation benefits provide coverage for partial wage replacement, medical expenses, and permanent disability, they do not pay for pain and suffering or property damage. If your injury claim against the at-fault driver is successful, you might receive more comprehensive compensation.

As a driver, a serious injury collision can significantly impact your life and may threaten your livelihood. Understand your legal options to protect yourself and your family after an on-the-job accident.

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