What's the difference between a workers comp lawsuit and personal injury lawsuit?
Are worker's compensation lawsuits and personal injury lawsuits the same thing?
A workers compensation claim is made when you are injured on the job and the injury occurred in the course of your employment responsibilities.
Generally speaking, workers compensation injuries are handled by worker's compensation insurance. Your remedies are limited by your state law, and you are not allowed to sue your employer. You also don't have to prove negligence to get your benefits.
In contrast, a personal injury lawsuit requires that you prove the other party was negligent and that their negligence caused your injury.
It's harder to win a personal injury suit, but there is potentially more upside. Most states do not impose caps on compensation.
Frequently, worker's compensation and personal injury cases overlap. For example, if you are injured at work because an elevator malfunctioned, you might file a workers compensation claim against your employer and file a personal injury lawsuit against the elevator company.