Personal Injury vs. Workers’ Compensation

May 11, 2016 | J. Price McNamara
Personal Injury vs. Workers’ Compensation

Suffering from an injury is never an easy situation. In fact, not only do injuries cause mental and physical stress, but they can also put pressure on your finances. For this reason, many people suffering from injury sue to recover expenses for an injury that was not their fault. That said, there is some confusion over which kind of suit they should pursue, whether it be considered personal injury or workers’ compensation. For this reason, we went ahead and compared the two, so that our Baton Rouge and Metairie area clients can have a better idea of which case their situation falls under.

Personal Injury

For a personal injury case, your wound must be the fault of a third party. This typically means you were injured due to the negligence of another person or entity. As long as you are able to properly prove that your injury occurred because of that third party’s negligence, you will be able to pursue damages for pain, suffering, and emotional distress, as well as recover money you yourself spent on treating these conditions.

Workers’ Compensation

When it comes to workers’ compensation, you are entitled to compensation so long as you suffer an injury while performing duties for your employer. To specify, workers’ compensation can provide you with disability payments should you be found unable to work, full payment of all your hospital fees and charges, and a fair settlement should your disability prove to be permanent.

What Sets These Cases Apart?

When it comes to the differences separating these two types of case, there are two main factors we will look at. These are:
  • Faults: A big difference between which case you have is who was at fault. If you can show enough proof that a third party was responsible for your injury due to their own negligence, then you have a personal injury case. With a workers’ compensation case, it doesn’t really matter who was at fault so long as your injury occurred while you were on the clock and performing duties for your employer.
  • Damages: When it comes to personal injury, you are able to seek damages for pain, suffering, and emotional distress. But with workers’ compensation, you will only be able to claim compensation for lost wages, medical bills, rehabilitation, and permanent impairment benefits. And, with workers’ compensation, you will not be able to sue your coworkers, combining personal injury with workers’ compensation.

Schedule A Case Review Today

When it comes to navigating your injury and what you might be entitled to, you can rest assured that we here at J. Price McNamara ERISA Insurance Claim Attorney can help. We have a lot of experience with both personal injury and workers’ compensation, and we are ready to use that experience to ensure that you get the compensation you deserve. If you would like to learn more, then we encourage you to contact our office and schedule your no-obligation case review with J. Price McNamara today. We are ready and willing to assist you!
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J. Price McNamara


Losing my own brother, then my father and sister after long, disabling illnesses just a few months apart drove a career change for me. Before that experience, I never truly understood the place you’re in. I never understood the dramatic impact that receiving (or not receiving) the disability and life insurance benefits you paid for and counted on can have on your life especially when you need to focus on family and healing. What I experienced with my own family now drives the way I view my clients and my work, and I will never forget it!

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