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Blogs 2017 November Personal Injury vs. Workers' Compensation Claims: What's the Difference?
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Personal Injury vs. Workers' Compensation Claims: What's the Difference?

Posted By Law Office of James M. Stanley || 20-Nov-2017

When a person is injured on the job, they can either file a workers’ compensation claim or a personal injury lawsuit. While both of these claims are for compensation for injuries, they are not the same.

The following are the differences between personal injury and workers’ comp claims:

  • Fault – The main difference between a workers’ compensation claim and personal injury claim is how fault affects the claim. In a personal injury claim, the victim must establish that the defendant was negligent. On the other hand, you do not need to establish fault in a workers’ compensation claim.
  • Damages – When determining workers’ compensation, the value of benefits is often based on a percentage of the injured worker’s average salary. In addition to wage replacement benefits, injured workers are typically entitled to compensation for medical expenses, rehabilitation services, and vocational training. In a personal injury case, the victim’s damages depend on the harm that he or she suffered. Damages may include compensation for past and future medical expenses, lost earnings, emotional distress, as well as pain and suffering. Pain and suffering damages are not available in workers’ compensation cases.
  • Ability to sue – Workers’ compensation is designed to provide benefits to injured workers no matter who is at fault for the accident. In exchange for being covered by this type of insurance, injured workers typically give up their right to sue his or her employer. However, the injured worker may be able to sue third parties that may share a responsibility for the accident.

Those who sustain a workplace injury may wish to discuss their case with an attorney to understand their rights and responsibilities under the particular circumstances. A lawyer can explain whether the worker is limited to workers’ compensation benefits or whether a third-party claim or personal injury claim is possible.

For more information, request a free consultation with our Fort Worth personal injury attorneys at the Law Office of James M. Stanley today.

Categories: Personal Injury

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The following is a sampling of some of the many cases we have had the privilege to handle on behalf of our clients. Each case is unique and must be evaluated on its own merits. Past results do not predict future results.​​

  • Catastrophic High Pressure Water Injury Resulting in Ruptured Colon, Infections, Multiple Surgeries Required

    NET TO CLIENT $3,069,546.66

  • Catastrophic Brain Injury/Motor Vehicle Accident

    NET TO CLIENT $3,018,051.78

  • Electrocution involving Defective Product

    NET TO CLIENT $2,491,510.87

  • Wrongful Death caused by Employer Negligence

    NET TO CLIENT $1,119,736.98

  • Grandmother seriously injured when rear-ended by 18-wheeler oil

    NET TO CLIENT $977,516.95

  • Wrongful Death due to Employer Negligence

    NET TO CLIENT $852,773.73

  • Wrongful Death caused by Employer Negligence.

    NET TO CLIENT $841,000.00

  • Catastrophic Injury caused by Defective Product.

    NET TO CLIENT $714,000.00

  • Wrongful Death caused by Employer Negligence

    NET TO CLIENT $728,664.19

  • Serious injury caused by 18-Wheeler blocking road

    NET TO CLIENT $584,309.41

  • Wrongful Death caused by Medical Malpractice.

    NET TO CLIENT $443,360.00

  • Wrongful Death and Survival Action

    NET TO CLIENT $461,423.23

  • Wrongful Death of a Fetus and Serious Personal Injury

    NET TO CLIENT $584,062.75

  • Wrongful Deaths

    NET TO CLIENT $532,211.06

  • Wrongful Death of a child

    NET TO CLIENT $499,266.40

  • Serious injuries to driver of 18-wheeler

    NET TO CLIENT $465,230.35

  • Wrongful Death caused by Medical Malpractice.

    NET TO CLIENT $359,520.00

  • Wrongful Death of a Child

    NET TO CLIENT $303,070.11

  • Wrongful Death of a Child

    NET TO CLIENT $380,345.57

  • Wrongful Death caused by physician negligence

    NET TO CLIENT$345,526.90

  • Serious Personal Injury

    NET TO CLIENT $352,813.23

  • Wrongful Death of a Child

    NET TO CLIENT $320,706.81

  • Medical negligence by hospital

    NET TO CLIENT $284,156.68

  • Wrongful Death Alcohol-Related Accident

    NET TO CLIENT $341,061.50


*The amounts reflected are the actual dollar amounts received by clients after deduction of attorney’s fees and expenses.
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