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A surprising question that worker's compensation lawyers hear fairly often is: "Are personal injury and worker's compensation the same?" The short answer is, no, there are several key differences. Primarily, the difference between these two types of claims is that worker's compensation cases are not based on a particular individual being at fault. With personal injury claims cases, there is usually an individual or organization that is liable. Accidents that occur at a place of employment are covered by worker's comp, regardless of whether anyone was negligent.

Differences in Damages

When filing a personal injury lawsuit, you could be entitled to compensation for any enduring pain or complications, diminished quality of life, or even damage to clothing and jewelry during an incident. Worker's compensation is a different animal. If you apply for worker's comp, you could receive compensation for your medical costs, some vocational rehabilitation, lost earning capabilities, or permanent impairment even if your own negligence was the cause of your injury. However, it will not compensate you for your personal suffering.

Are Still Able to Sue?

Worker's compensation laws are designed to ensure that workers injured while on the job receive some compensation and benefits to assist with their medical expenses. In exchange, those injured individuals lose their right to collect damages for pain/suffering and to sue co-workers and employees for any negligence. But there are exceptions to this and certain employees of certain industries still maintain their right to sue. The crew members of ships or boats and railroad employees are two examples of this.

If you are in the Waterbury area and find yourself in need of a worker's compensation attorney or a personal injury attorney, contact Cummings Law Firm. We are ready to help today.

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