Workers Compensation Claims are not Personal Injury Claims

Published in Workers Compensation on September 29, 2016

When the various states passed workers compensation statutes, the legislatures intended to simplify the process by which employees are compensated for workplace injuries. In the typical personal injury case, a plaintiff must prove that the defendant acted negligently (or did something wrong) and caused the plaintiff damages. Workers compensation statutes generally remove the requirement that an employee prove that the employer acted negligently.  As long as the employee can show that he or she suffered the injury in the course and scope of employment, the employee can receive compensation for the injuries.

The compensation to the employee can include payment for medical expenses, payments for lost wages while the employee is unable to work, payments for permanent disability (total or partial), death benefits to family members if the employee dies, and other benefits. While many of the challenges present in typical personal injuries are not present in workers compensation cases, disputes arise where the employer and employee disagree about the degree of damages the employee suffered, including the degree of disability. Qualified workers compensation attorneys can help injured employees maximize the recovery for their damages.