Workers Comp Claims vs. Personal Injury Claims
An employee has the right to file a workers’ comp claim any time an injury occurs at work, regardless of what caused that injury. Even if an employer was not negligent, a person can seek compensation through workers’ comp. Personal injury claims, on the other hand, allow an injured person to pursue compensation when someone’s negligence led to an injury, including an employer, equipment manufacturer, or vendor. Our lawyers in Irvine could help determine what type of claim a person can file after an industrial accident.
Damages Covered by Personal Injury Claims
Personal injury claims allow you to seek compensation for the losses sustained because of an accident. They typically include:
- Any medical costs related to the accident
- Compensation for income losses
- Compensation for pain and suffering
The personal injury claim process can take weeks or months, depending on the extent of the injuries and who a person needs to file a claim against.
Workers’ Compensation Damages
Unlike personal injury claims, workers’ comp claims do not provide compensation for pain and suffering. They offer:
- Direct payment for medical bills
- 2/3 of income in payments for the time a person must spend out of work while recovering
- One-time payouts in the case of permanent disability
Much of the compensation a person recovers as part of a workers’ comp claim gets paid out over time, as the person recovers from their injuries. Furthermore, workers’ comp, unlike personal injury claims, will take care of medical costs directly.
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