What’s the Difference Between Personal Injury & Workers’ Compensation Claims?


Have you been seriously injured at work? Are you wondering if you should file a workers’ compensation or personal injury claim? In this blog, our experienced lawyers explain the difference between personal injury and workers’ compensation claims.

Personal Injury Cases

The most significant difference between the two claims is that personal injury claims are based on fault, while workers’ compensation claims do not require fault. For example, if you were involved in a car accident and you want to pursue compensation for your damages, you will have to prove that the other party was negligent.

You can recover the following types of damages in a personal injury case:

  • Lost earnings
  • Lost earning capacity
  • Medical bills
  • Future medical expenses
  • Pain & suffering
  • Loss of enjoyment of life

Workers’ Comp Cases

If you are injured at work, you are entitled to workers’ compensation benefits that can be used to cover your accident damages. Unlike personal injury claims, you do not need to prove that your employer or another party was responsible for your injury. In fact, your negligence can contribute to your injury and you still might be eligible for worker’s comp benefits, depending on the details of your case.

You can recover the following types of damages in a workers’ compensation case:

  • Weekly compensation
  • Permanent impairment benefits
  • Vocational rehabilitation
  • Medical bills

Pain and suffering damages are not available in workers’ compensation case

Consult with a Chicago Workers’ Compensation Attorney Today

Our lawyers at Woodruff Johnson & Evans Law Offices are here to assist with all matters pertaining to workers’ compensation law. We are committed to using our extensive resources to secure the benefits our clients are entitled to. Stop by our office today to discuss all of your options under the law.

Call (866) 891-9211 to set up a free consultation with our law firm.


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After being in a terrible car accident my attorney, Russell Haugen went above and beyond to getting me my compensation. I’m really satisfied with his work and it was all done in a reasonable amount of time. He also did an amazing job in explaining in detail his plans and cleared any questions I had […]


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A friend referred me to Woodruff Johnson & Evans. Attorney Jay Johnson explained the process so that I understood what was going on with my case. He was responsive to my situation and kept me informed as my case progressed. Jay did great. He knows what he is doing. I was very happy with the […]


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They always keep in touch & are quick to respond.

I want to thank attorney Jon Walker for all his work on my worker’s comp case. He explains everything in detail to you so you understand. Always kept in touch, you didn’t have to wait for long to get a response back. I highly recommend attorney Jon Walker.


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