| Differences Between
Personal Injury and Workers' Compensation |
| Personal
Injury |
Workers'
Compensation |
|
Must prove fault. |
Must only prove injury occurred
during the course of employment. |
|
Handled by the court system. |
Handled by the Workers'
Compensation Commission. Decisions can be
appealed to the court system. |
|
Most lawsuits must be filed within
2 years of the injury. Some may be filed
within 3 years. Much earlier deadlines may
apply. |
Notice of the claim usually must
be given within 1 year of the injury. |
|
Can recover compensation for lost
wages, medical expenses, scars, permanent
disability, pain and suffering.
No limits on compensation. |
Can recover compensation only for
lost wages (75% of after-tax wages), medical
expenses from authorized treaters, permanent
disability and scars on the face, head or neck.
Amount of compensation is limited
by statute.
No compensation for pain and
suffering. |
|
Can treat with any doctor. |
Can treat with any doctor but only
medical bills of authorized treaters will be paid. |
|
If not settled, a trial resolves
the entire case. |
If not settled, specific issues
are resolved by formal hearings. Settlements
are optional. |
|
If settled or successful at trial,
a single payment is usually made. |
Payments are usually paid weekly
or biweekly.
Settlements are usually paid
in a single payment. |
|
The case must be concluded by
settlement, trial or other court action. |
The case may remain open
forever. Neither party is required to settle
the case. |
|
The parties can settle the case on
whatever terms they choose. |
All settlements must be approved
by the Commissioner. |
|
Attorneys fees are usually 33
1/3%. |
Attorneys fees are usually 20%. |
| Will not reduce Social
Security disability payments. |
May reduce Social
Security disability payments. |
