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Personal Injury vs. Worker’s Compensation Claims

The differences between personal injury cases and Workers' compensation claims can be easily confused if you're not familiar with either situation. The main difference is that personal injury claims are due to a fault, whereas Workers' compensation claims are not associated with negligence.

Here are more details on personal injury vs. Workers’ compensation claims:

Personal Injury and Fault

When you slip and fall on someone else’s property, it may be an accident that doesn’t involve anyone’s fault. You and your legal team would have to prove that the property owner was negligent somehow in order to recover damages. It’s the same principle with car insurance, as the other driver must be at fault in order for their insurance company to pay for damages.

You are entitled to benefits that cover all damages that you suffer in a personal injury claim. That means it’s possible to receive benefits for loss of earnings, current and future medical bills, permanent disability, pain, suffering and other losses that affect your life.

Getting Injured At Work

In most of the cases, when you are injured at work, you are entitled to the benefits covered by Workers’ compensation. No proof is needed that it was anyone’s fault, regardless if the accident was caused by the employer or co-workers. Even if your own negligence caused the injury, you may still receive benefits.

On the other hand, unlike a personal injury claim, you won’t receive benefits for pain and suffering. Your benefits will be limited to weekly compensation, disability, medical bills and rehabilitation.

Your Next Step

If you need help sorting out the details of an accident that prevent you from working or you need any sort of help in getting compensation claim, contact Gaylord & Nantais. They are a legal team that specializes in workers’ compensation claims with a successful track record of helping clients gain maximum benefits.


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Thomas M. Nantais

Thomas M. Nantais

Thomas M. Nantais is the Co- owner of Gaylord & Nantais, a legal firm specializing in workers’ compensation, in the state of California. This firm deals in getting hearing loss compensation and work related injuries compensation for those who have worked in the state of California. With his sincere efforts, Thomas is committed to meet the highest standards of the legal industry, and aims to provide the clients with an honest and aggressive representation.

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