How Does Worker’s Comp Affect Personal Injury Claims?

Workers’ compensation claim where a worker has suffered loss, the worker is only entitled to 2/3 of suffered wage loss from the employment in which they had the injury. For someone working more than one job, a worker’s compensation can result in huge income loss.

 Regardless of how painful the injury and recovery were, worker’s compensation does not allow a person to recover any compensation for the pain and suffering they had to endure. You don’t need to prove that your employer or co-worker did anything wrong to receive worker’s compensation benefits. Even if your negligence caused your injury, you still have the right to receive workers’ compensation benefits. 

In personal injury, you have the entitlement to recover all the damages you have suffered, such as; loss of earnings, loss of earning capacity, medical bills, future medical expenses, permanent impairment, pain and suffering, and loss of enjoyment of life other things.

Worker’s Comp VS Personal Injury Claim

Worker’s compensation does not cover making an injured person whole.  I.e., Placing them in a place they could have been if the harm didn’t occur, unlike personal injury. A worker’s compensation can be a way to collect complete compensation for one’s damage.

Pursuing a personal injury claim, worker’s compensation will cover the gaps in payment for damages from the compensable work injury. 

In a personal injury claim, you can claim all wage losses from all jobs affected by the injury, as well as compensation for pain and suffering endured due to the injury.

You Can Claim Both Worker’s Comp and Personal Injury

You can have both work comp and personal injury claims. For instance, a situation where a delivery driver has an injury due to a dog attack where he went for delivery. He can make a claim against his employer and the dog’s owner.

Another situation is when a person’s job requires driving, and an accident occurs. In this situation, he can make a claim against worker compensation and the individual at fault in the accident.

 

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