After suffering injuries and subsequent losses following a workplace accident, you may be wondering if you should file a personal injury claim or take advantage of your workers’ compensation benefits through a workers’ comp claim, or both. It is important to understand the difference between a personal injury claim and a workers’ compensation claim if you want to recover the full and fair settlement for your specific damages and losses.
Continue reading to learn the primary differences between the two types of injury claims, when you can claim both, plus where you can get trusted information and guidance regarding your recent accident in Indiana.
The Requirement of Fault in a Tort Claim
One of the most fundamental elements of a tort case is fault. An entity (person, corporation, company, government agency, etc.) that is to blame for a civil wrongdoing can be held responsible, and thus their insurance carrier would be responsible for paying out any settlement or judgment, for paying out damages to the surviving victim or family of victims under Tort Law. However, the question of fault is one of the most important and primary differences between a personal injury claim and a workplace injury claim.
Personal Injury Claims Must Prove Fault
To recover damages in a personal injury case, the claimant party (the victim or family of victim) holds the burden of proving fault, meaning they must demonstrate that the opposing party was negligent or wrong in some way, which directly caused them harm. General damages awarded in personal injury cases include medical expenses (past, current, and future), hospital bills, lost wages from time off work, and similar calculable losses related to the victim’s accident and/or injuries.
However, special damages may also be awarded in a personal injury case for pain and suffering, mental anguish, permanent scarring or disfigurement, loss of earning capacity, loss of enjoyment of life, and similar losses that cannot be added up on a calculator.
Workers’ Compensation Claims Do Not Require Fault
A workers’ compensation claim does not require the injured party to prove fault. In fact, no fault needs to be established whatsoever, even in respect to OSHA violations and negligent or reckless management. Regardless of fault, injured workers can be entitled to workers’ compensation benefits, so long as they file a workers’ comp claim.
General workers’ compensation benefits include coverage strictly for quantifiable losses, like weekly earnings, hospital bills, medical expenses, permanent impairment benefits (if applicable), and vocational rehabilitation. Injured workers cannot generally sue their employer or employees for pain and suffering damages. There are exceptions to the rule, such as in the case of egregious or intentional torts.
Making Claims for Both
There are also situations where an injured party can make both a worker compensation claim and a tort claim at the same time. For example, if a pizza delivery driver is delivering a pizza when he or she is rear-ended by another vehicle. The injured driver could make a worker compensation claim through his employer and their insurance carrier since he was injured while on the job. The injured worker could also seek a recovery under tort claims law from the defendant driver who rear-ended his vehicle and that person’s insurance carrier since he was injured as a result of tortious conduct by a person he was not employed by.
Talk to a Licensed Accident Lawyer in Indiana
When it comes to pursuing compensation after an accident or injury, it is best to consult with a seasoned Indiana personal injury lawyer who can explain your rights to recovering damages in a language you can clearly understand. It is also important to act fast because there are statutes of limitations on personal injury claims and evidence needs to be obtained before it disappears.
Would you like to speak with a trusted and experienced personal injury lawyer without any financial obligation? Contact the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to schedule a free initial case evaluation for your personal injury claim in Indianapolis, Indiana. We represent clients throughout Indiana and Indiana citizens injured anywhere and can meet over the phone, via the internet, or in person at our Indy-based office.
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