Workman’s Compensation vs. Personal Injury Cases: What are the Differences?

We all know that to qualify for workman’s compensation, the injury must happen at work. However, should you file a personal injury claim instead? There are many differences between the two to take into consideration.

Workman’s Compensation and When to Seek Advice from a Personal Injury Attorney

Of course, to receive workman’s comp, negligence doesn’t need to be proven, meaning there doesn’t need to be proof that someone caused the injury. As long as the injury happened while working, even if it is your fault, you can still get workman’s comp. 

When you are injured at work, notify your employer right away, fill out the proper forms, and receive medical attention. 

Workman’s comp is designed to protect the rights of workers while at work. There are times when you could get denied workman’s comp, for example, if you were found to have been under the influence.

However, when receiving workman’s comp, you are not allowed to sue or claim any additional damages when filing for workman’s comp. But you do have the option to file a personal injury claim instead, though this is much more difficult.

Since workman’s comp injuries happen while at work and there is no need to prove any negligence on anyone’s part, it will cover most injuries no matter what, as long as the injury was sustained while on the clock.

Workman’s comp damages include:

- Medical bills

- Income totaling 2/3 of 1 weekly earnings.

- Rehab and physical therapy

Workman’s comp cases are handled in a separate court in Pennsylvania.

Filing a Personal Injury Claim Instead of Workman’s Compensation 

If you want to roll the dice, you can file a personal injury claim instead of accepting workman’s compensation. 

For example, was there another party involved? Did negligence play a part in the jury?

If there was possibly a defective product, then you can file a personal injury against a manufacturer. You can also file a claim if your employer fails to offer workman’s comp. 

More on Personal Injury Claims

A personal injury claim is different from workman’s comp. You can get a greater amount of damages with a personal injury claim, but it isn’t always a slam dunk. Personal injury cases are based on who is at fault, so someone needs to be held responsible.

So, who is at fault when it comes to personal injury lawsuits? When injured on another person’s property, negligence needs to be found by another party. Meaning someone is responsible for the injury and proof needs to be made to receive compensation.

Of course, the damages depend on the type of injury suffered.

Damages for a personal injury include:

- Past/future medical bills

- Loss of earnings

- Pain and suffering

- Property damage

- Emotional distress

Personal injury claims in Pennsylvania are filed with the Court of Common Pleas in the county the injury took place.

Working with a Personal Injury Attorney in Pennsylvania

Always work with a personal injury attorney in Philadelphia to move forward with a personal injury claim to ensure you receive all of the damages you deserve. 

The personal injury attorneys at Edelstein Law will act on your behalf as an advocate, always having your best interest in mind. Based in Philadelphia, we specialize in all types of personal injury cases.