What’s the Difference Between a Workers’ Comp Claim and a Personal Injury Claim?

A construction siteIf you’ve been injured on the job, you’re facing a major decision: do you file a worker’s comp claim, or do you file a personal injury lawsuit? Choosing one means you can’t choose the other. It’s critical to understand the difference between the two so that you can make an informed decision, and more importantly, get the compensation you need. 

The Atlanta attorneys at Slappey & Sadd know both personal injury and workers’ compensation law. We can help you decide what kind of claim to pursue and help you navigate the process. Reach out online or call us at 888-474-9616 to schedule a free consultation to discuss how we can help you. 

Workers’ Compensation is “No-Fault” 

Workers’ compensation provides coverage regardless of who caused your accident; it will provide coverage even if you injured yourself. In a personal injury case, you have to prove that the other party caused your injury either intentionally or negligently. Liability is never an issue in a workers’ comp case. 

Workers’ Compensation Only Provides Coverage for Work-Related Injuries

To make a worker’s compensation claim, your injury has to have been work-related. In some cases, this requirement can be problematic, and your workers’ compensation claim can be denied. You can pursue a personal injury claim regardless of whether your injury happened in connection with your job. 

Workers’ Compensation Pays Benefits Quickly

If you are out of work for at least seven days, you are eligible to receive workers’ comp benefits. The first step of a workers’ comp claim is to notify your employer that you are injured and complete some forms. Once your forms are filed, you should begin receiving benefits within a few days. A personal injury claim could take several months or even more than a year to get resolved. 

You Don’t Have to Go to Court to Receive Workers’ Comp Benefits

The workers’ comp process is largely administrative – you file the paperwork and then you begin receiving benefits. If your claim is denied, there is a hearing process, but the majority of claims are approved. 

Personal injury claims often require filing a lawsuit in order to get resolved. While this can be beneficial, it does add additional delays to receiving compensation for your injuries. 

Personal Injury Claims Can Cover All of Your Losses

A personal injury claim seeks to recover compensation for all of your medical expenses, your lost wages, and your pain and suffering. In short, if you can prove your loss was caused by the accident, you can include it in your claim. 

Workers’ comp, on the other hand, is much more limited in what it will cover. It will cover your medical expenses caused by your accident and will replace up to two-thirds of your lost income up to $575.00 per week. 

Contact the Workers’ Compensation and Personal Injury Attorneys at Slappey & Sadd

If you’re hurting and overwhelmed, the Georgia injury attorneys at Slappey & Sadd can help you decide what course of action is best for you. We’ll work with you every step of the way to make sure you understand what is going on with your claim and what you can expect. You don’t have to figure this out on your own – call us at 888-474-9616 or send us an email to schedule a free consultation.