What’s the Difference Between Work Comp and Personal Injury Claims?

It’s an unfortunate situation, but you may find yourself injured at work, unable to return for days, months, or years. When that happens, you may need compensation for you and your loved ones through your job or through a court case.

But what’s the difference between work comp and personal injury claims? How can they help you? Most importantly, which one will provide the most compensation for you and your family?

When you’re injured at work, you need to decide quickly how to respond, and our team at Bohn & Fletcher, LLP, can help you decide what route is best for you.

Workers Comp and Its Benefits

Your first route will likely be workers compensation. All California employers are required to offer it, so this may be the best coverage available to you. Like a personal injury claim, it can give you the peace of mind that you’ll be covered for your losses.

Work comp claims will provide you with coverage, regardless of fault. While you’ll have to prove the negligence of the other party in a personal injury claim, your workers comp applies to nearly all work accidents, unless you intentionally harmed yourself.

These benefits also cover a limited range. While necessities like medical, partial lost wages, and death benefits are covered, you’ll be unable to sue for further damages, such as the emotional trauma a serious injury can bring. While it’s generally simpler to get this coverage, it may not give you the full compensation you truly deserve.

Personal Injury Claims Provide Different Benefits

One of the biggest differences between the two is that personal injury claims can cover the situations that a workers compensation claim cannot. For example, not every work accident is covered by workers compensation, and you might have been put in a situation that calls for further action.

For example, if your employer willingly and knowingly put you in danger or exposed you to hazardous substances, your employer may try to keep you from filing or deny your claims about what happened.

Personal injury claims also allow for a broader number of damages. While you would be able to sue for the above damages, you will also be able to sue for “non-economic” damages, such as pain and suffering, emotional trauma, and loss of enjoyment of life, none of which workers comp will cover.

Filing a personal injury claim will likely take longer, however, and you can expect far more pushback from your employer because of your legal action. With Bohn & Fletcher, LLP, however, you can rest easy knowing that we’re ready to fight for your claim.

An Attorney Can Help You Decide

If you’re wondering about the difference between work comp and personal injury claims, it can be hard to start healing from your injuries. Luckily, our attorneys know what you need.

When you’re caught between these two options, you may need help from someone experienced enough to know the difference and help you put things together. Our firm is here to fight for your case and get you the full compensation you need.

Interested in working with Bohn & Fletcher, LLP? Simply give us a call at 408-556-9780 or fill out the online contact form below for a free consultation.