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Personal Injury Claim v. Worker’s Compensation Claim

Personal Injury Claim v. Worker’s Compensation Claim

The most significant difference between a personal injury claim and a worker’s compensation case is fault. A personal injury case is based on fault, whereas a workers compensation case is not. Below we have identified some of the differences between personal injury cases and workers compensation cases. As always, it is critical to work with an experienced attorney to determine your legal options.

Personal Injury Case

  1. Fault: In order to recover damages for being injured on someone else’s property, together with your lawyer, you must establish that that other person negligently maintained their property. Essentially, this means that the property owner did something wrong. For example, like in most car accident cases, with the exception of “no fault” states, you can only recover damages from the other driver if the other driver was at fault.
  2. Damages: You are able to recover for the harm/injuries you suffered. An example of these damages includes the following:
  • Lost earnings
  • Lost earning capacity
  • Medical bills
  • Future medical expenses
  • Permanent impairment
  • Pain and suffering
  • Loss of enjoyment of life


Workers’ Compensation Case

  1. No Fault: You do not need to prove that your employer or co-workers did something wrong to receive workers’ compensation benefits. In most cases, an employee who is injured on the job is entitled to workers’ compensation benefits.
  2. Damages: Not entitled to benefits for pain and suffering in a workers’ compensation case. You can receive weekly compensation, permanent impairment benefits, medical bills, and vocational rehabilitation.

Contact an Attorney

If you have suffered an RSI at work, experienced attorney Ryan Zavodnick understands how important workers’ compensation benefits would be for you and your family. Mr. Zavodnick leads a legal team that strives to stand up for the rights of workers suffering from neck and back workplace issues. We are always zealous advocates for every injured client and work to make sure you receive the benefits you deserve for your workplace injury.

Call Delaware workers’ compensation lawyer Ryan Zavodnick at (302) 364-6047 for a free consultation today.






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