Workers’ compensation and personal injury claims help you receive compensation for medical costs and lost wages if you are injured, but there are two main differences between them. The lawyers at Achille, Ellermeyer, Wallisch & Sobol Attorneys At Law in Brookville, PA, have in-depth knowledge of these kinds of cases that’s gained through years of experience. The firm will explain the variances of personal injury and workers’ compensation claims and help you understand how to proceed.

Workers’ Compensation Vs. Personal Injury

Compensation

The biggest difference between a workers’ compensation and personal injury claim is the compensation the injured party can collect. With a personal injury case, a victim can receive damages for pain and suffering in addition to coverage of medical expenses and lost wages. Workers’ compensation does not cover pain and suffering but pays for an injured employee’s cost of treatment and provides a percentage of their wages while they’re unable to work.

Proving Fault

The other primary difference between the two claims is the burden of proof required. In a personal injury case, the victim must prove the other party was at fault for the accident that caused their injuries, which makes it more difficult to collect compensation. For a workers’ compensation claim, an injured employee does not have to prove anyone was at fault; they simply must show the accident and resulting injury happened while they were performing duties of their job.

It is important to note that in return for the guaranteed benefits of medical bill coverage and wage reimbursement for workplace injuries, employees relinquish their right to sue an employer for negligence. However, in some cases, an employee has an opportunity to file a personal injury claim against a third party, such as a manufacturer.

If you were injured in a Pennsylvania workplace or as a result of someone’s negligent actions, contact Achille, Ellermeyer, Wallisch & Sobol Attorneys At Law. Visit their website to learn more about the firm and its lawyers, and call (814) 849-6701 to schedule a consultation.