The Differences Between Workers’ Compensation and Personal Injury Claims

by James M. Hoffmann on Feb. 25, 2022

Accident & Injury Accident & Injury  Personal Injury Employment  Workers' Compensation 

Summary: Here are the most critical distinctions between workers’ compensation and personal injury claims. We’ve also provided information on how to file each type of claim.


Workers’ compensation and personal injury claims are two of the most common types of legal claims filed in the US. However, there are several key differences between these two types of claims.


Here are the most critical distinctions between workers’ compensation and personal injury claims. We’ve also provided information on how to file each type of claim.



Workers’ Compensation Claims

Workers’ compensation claims are filed by an employee against their employer after suffering an injury or illness due to their job. The benefits available through workers’ compensation generally include medical expenses, lost wages, and death benefits.


To file a workers’ compensation claim, you must be employed by the company for which you seek coverage and have suffered an injury or illness due to your job.



Personal Injury Claims

Personal injury claims are generally filed when an individual suffers harm due to the negligence of another person or entity.


To file a personal injury claim, you must be able to prove that the other person or entity was negligent and that their negligence caused your injuries.


The benefits available through personal injury claims vary depending on the case. However, common benefits include medical expenses, lost wages, and pain and suffering damages.



How to File a Workers’ Compensation Claim

If you’re injured or become ill due to your job, you should immediately report the incident to your supervisor. You should also complete an Incident Report Form and submit it to your employer.


Your employer will then provide you with a claim form. You must complete and submit the claim form to your employer within one year of the date of the injury or illness.


It is important to note that there are time limits for filing workers’ compensation claims. If you don’t file a claim within this period of time, you may lose your right to benefits.



How to File a Personal Injury Claim

Have you been injured due to another person’s negligence? You should contact an attorney as soon as possible. An experienced personal injury attorney will be able to review your case and determine whether or not you have a valid claim.


If you decide to file a personal injury claim, you’ll likely need to undergo a medical examination. This exam will help determine the extent of your injuries and the damages you have suffered. You may also be required to provide police reports, medical records, and employment records.


Remember: There’s no “standard” personal injury case. Every claim is unique and must be evaluated on its own merits.



St. Louis Injury Lawyer

Need help with your workers’ compensation claim? The attorneys at the Law Office of James. M. Hoffman can help. We have over 25 years of experience helping injured Missouri workers get the compensation they deserve. What’s more, we work on a contingency basis, meaning you’ll only pay us once we win your case. Call (314) 361-4300 for a free case evaluation.

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