What Is the Difference Between a Personal Injury and a Workers’ Compensation Claim?

Personal Injury versus Workers' Compensation

It is important to understand the difference between personal injury cases versus workers’ compensation claims when considering which to pursue after an accident. Read more in our blog where we explain how these two different kinds of claims work and why you should contact an attorney immediately if you’ve been injured at work and are struggling with your employer not allowing you to file a workers’ compensation claim.


A Workers’ Compensation claim should be filed with an employer rather than an insurance company.

While you can’t file a personal injury claim against an employer, you can file one against another person or organization if that other party’s negligence caused your injuries. Workers’ compensation is a no-fault system. An injured worker need not prove negligence to prevail in a claim. However, a lawsuit is possible when the action is intentional, like an assault, or if the employer has no workers’ comp insurance coverage. If you’re wondering whether your case is worth pursuing, as opposed to filing a workers’ compensation claim instead, our lawyers at Erwin, McCane & Daly will be able to advise after reviewing your case. Oftentimes, they may end up handling both simultaneously since they aren’t mutually exclusive in terms of time or process. 


A Workers’ Compensation Attorney can help you determine whether or not you have grounds for filing a workers’ compensation claim.

You might not be eligible to file a workers’ compensation claim if you are injured off the job (perhaps an injury on your way to work). However, if you have been injured by someone else at work, or due to dangerous conditions at work, then you may be able to file for workers’ compensation. Oftentimes, an injured worker can be 100% at fault and still be entitled to WC benefits. Before filing for workers’ comp, it’s important that you speak with an attorney first. They can help walk you through whether your case is worth pursuing. You’ll also want to keep in mind that each state has different laws regarding what injuries are compensable under the workers’ compensation law. For example, some states require that an injury results from specific causes, while sometimes an injured worker need not prove negligence to prevail in a claim.


When filing your claim, you will need to detail the workplace accident, medical expenses, disability, lost wages, and other factors.

The burden of proof for a personal injury claim will lie on you to prove that another party was negligent. In either case, making sure that all records are in order is essential, and that includes medical records as well as financial records. And if there were other people involved in your case, either as defendants or witnesses, you’ll want to include their contact information on any forms or documents relevant to your claim. This may seem like a lot of legwork just for an injury lawsuit, but it could mean thousands of dollars more in compensation than would be given through workers’ comp alone.

Choose Erwin, McCane & Daly. We specialize in worker’s compensation claims and are a trusted source for people who need representation.