[vc_row full_width=”” parallax=”” parallax_image=””][vc_column width=”1/1″][vc_custom_heading text=”Difference Between a Personal Injury Case and a Workplace Injury Case” font_container=”tag:h2|font_size:38|text_align:left|color:rgba(0%2C63%2C18%2C0.86)” google_fonts=”font_family:Roboto%3A100%2C100italic%2C300%2C300italic%2Cregular%2Citalic%2C500%2C500italic%2C700%2C700italic%2C900%2C900italic|font_style:400%20regular%3A400%3Anormal”][vc_separator color=”grey” align=”align_center”][vc_single_image image=”2740″ border_color=”grey” img_link_large=”” img_link_target=”_self” img_size=”660×310″][vc_separator color=”grey” align=”align_center” style=”” border_width=”” el_width=””][vc_column_text]After sustaining an injury, it can be challenging for employees to determine if their case falls under the purview of personal injury or workplace injury law. Personal injury cases are non-criminal lawsuits brought against a responsible party, usually occurring outside of the workplace. Personal injury claimants can sue for pain and suffering, as well as future lost wages and medical expenses.

A workplace injury case, on the other hand, pertains to injuries that were sustained on the job and may be covered by worker’s compensation insurance. In most instances, employees are unable to bring a lawsuit against their employers if they are covered by worker’s compensation. However, there are some exceptions to this rule, especially if negligence is involved.

Fault is the Differentiating Factor

To bring a personal injury lawsuit against an individual or organization, the injured party must prove that the defendant was not only negligent, but at fault for the accident. Workplace injuries do not involve fault or negligence, per se. Any employee who is injured while on the job is eligible for a worker’s compensation claim, without having to prove that anyone is at fault.

Exceptions That May Result in a Personal Injury Case

There are a number of situations that may convert a workplace injury case into a personal injury case, such as:

• If the employer does not have worker’s compensation insurance coverage

• If the employer intentionally caused the injury, or it is a result of egregious misconduct

• If an employee sustains injuries from a defective product while on the job they may be able to seek damages from the manufacturer

Injured employees can seek the assistance of a qualified attorney to verify if they are eligible for a workplace injury or personal injury case. Determining the proper legal path may help to prevent denied claims and allow them to receive the compensation for which they qualify.