Workers’ Compensation vs. Personal Injury: What’s the Difference?

When you’ve been injured, knowing what type of claim to file can make a big difference in the benefits and compensation you receive. Two of the most common types of claims are workers’ compensation and personal injury — but they are not the same.

Understanding the differences between these two legal paths can help you protect your rights and make the best decisions for your recovery.

1. Where the Injury Happens

• Workers’ Compensation Applies only to work-related injuries or illnesses that happen on the job or while performing job duties.

• Personal Injury Covers injuries caused by someone else’s negligence in any setting — including car accidents, slip and falls in public places, or defective products.

2. Who’s at Fault?

• Workers’ Compensation Fault does not matter. Even if you caused your own injury at work, you may still be entitled to benefits. This system is designed to help employees recover quickly without proving anyone was at fault.

• Personal Injury Fault must be proven. You’ll need to show that someone else’s negligence directly caused your injury in order to receive compensation.

3. What Compensation Can You Receive?

• Workers’ Compensation:

• Medical expenses related to the injury

• A portion of lost wages

• Temporary or permanent disability benefits

• Rehabilitation services

• Personal Injury:

• Full compensation for medical bills

• 100% of lost wages

• Pain and suffering

• Emotional distress

• Loss of enjoyment of life

• Possible punitive damages (in extreme cases)

4. Can You Sue Your Employer?

• Workers’ Compensation It depends. But typically, workers’ comp is a trade-off: you get guaranteed benefits, and your employer is protected from lawsuits (with very few exceptions, like intentional harm).

• Personal Injury You can sue the person or business responsible for your injury. This can include individuals, companies, or government entities.

5. Time Limits to File (Statute of Limitations)

• Workers’ Compensation Deadlines are usually shorter — often within 30 to 90 days to report the injury, and 1 to 3 years to file a claim, depending on your state.

• Personal Injury You generally have 1 to 3 years from the date of injury to file a lawsuit (state laws vary).

Which One Applies to You?

Sometimes, both may apply. For example, if you’re injured in a car accident while making deliveries for work, you might have both a workers’ comp claim and a personal injury case against the at-fault driver.

Understanding the difference between a workers’ compensation claim and a personal injury lawsuit is essential to making sure you get the benefits and compensation you deserve. Workers’ comp helps injured employees without needing to prove fault, while personal injury claims offer broader compensation but require evidence of negligence.

If you’ve been injured and aren’t sure which route applies, speak with one of our experienced attorneys in Los Angeles to guide you through your options and protect your rights. Call 213-380-7500 to book your consultation today or send us an email at info@graiwer-kaplan.com.