[{"@context":"https:\/\/schema.org\/","@type":"BlogPosting","@id":"https:\/\/www.rbrlawfirm.com\/blog\/workers-comp-and-personal-injury-claims-differences\/#BlogPosting","mainEntityOfPage":"https:\/\/www.rbrlawfirm.com\/blog\/workers-comp-and-personal-injury-claims-differences\/","headline":"What Is the Difference Between Workers\u2019 Compensation and Personal Injury Lawsuits?","name":"What Is the Difference Between Workers\u2019 Compensation and Personal Injury Lawsuits?","description":"There are some key differences between workers\u2019 compensation lawyers and personal injury claims, including the process, requirements, and benefits. Depending on your circumstances, you may be owed compensation from one or even both of the sources. To know which one you qualify for, you need to understand how workers\u2019 comp...","datePublished":"2023-02-21","dateModified":"2023-12-28","author":{"@type":"Person","@id":"https:\/\/www.rbrlawfirm.com\/blog\/author\/rbrlawfirm\/#Person","name":"Ryan Bisher Ryan & Simons","url":"https:\/\/www.rbrlawfirm.com\/blog\/author\/rbrlawfirm\/","identifier":9,"image":{"@type":"ImageObject","@id":"https:\/\/secure.gravatar.com\/avatar\/d0925a45a81b21fd1dd057ea2aa3cf0b7862bc7e8478f659a09444e627cf1a3f?s=96&d=mm&r=g","url":"https:\/\/secure.gravatar.com\/avatar\/d0925a45a81b21fd1dd057ea2aa3cf0b7862bc7e8478f659a09444e627cf1a3f?s=96&d=mm&r=g","height":96,"width":96}},"publisher":{"@type":"Organization","name":"Ryan Bisher Ryan & Simons","logo":{"@type":"ImageObject","@id":"https:\/\/www.rbrlawfirm.com\/wp-content\/uploads\/2019\/06\/rbrs-logo-96x96.png","url":"https:\/\/www.rbrlawfirm.com\/wp-content\/uploads\/2019\/06\/rbrs-logo-96x96.png","width":96,"height":96}},"image":{"@type":"ImageObject","@id":"https:\/\/www.rbrlawfirm.com\/wp-content\/uploads\/2023\/02\/workers-comp-claim-form-2.jpg","url":"https:\/\/www.rbrlawfirm.com\/wp-content\/uploads\/2023\/02\/workers-comp-claim-form-2.jpg","height":600,"width":600},"url":"https:\/\/www.rbrlawfirm.com\/blog\/workers-comp-and-personal-injury-claims-differences\/","about":["Personal Injury","Workers' Compensation"],"wordCount":557,"articleBody":"There are some key differences between workers\u2019 compensation lawyers and personal injury claims, including the process, requirements, and benefits. Depending on your circumstances, you may be owed compensation from one or even both of the sources. To know which one you qualify for, you need to understand how workers\u2019 comp benefits and personal injury claims work in Oklahoma.Workers\u2019 Comp vs. Personal Injury ClaimsWorkers\u2019 compensation benefits are designed to help employees with work-related injuries and illnesses. These benefits may provide compensation for:Medical expensesLost wagesDisability benefitsVocational rehabilitationJob placement assistanceAnyone injured because of someone else\u2019s negligence may be entitled to compensation from the at-fault party. Compensation from a personal injury claim may cover:Medical billsLost wagesPhysical painEmotional distressLoss of consortiumWhat Are the Main Differences Between Workers\u2019 Comp Claims and Personal Injury Lawsuits?Some of the biggest differences between a workers\u2019 comp claim and a personal injury lawsuit include:Requirements \u2013 A personal injury lawsuit requires that the at-fault party had a duty of safety to you, breached that duty by acting negligently, and caused your injuries and losses. For a workers\u2019 comp claim, you must be covered by your employer\u2019s workers’ comp insurance in Oklahoma. You must also be able to show the injury or illness that happened while on the job.Compensation available \u2013 Workers\u2019 compensation benefits in Oklahoma have some limits. For example, disability benefits are typically capped at 70 percent of your pre-injury wages. Personal injury claims can also provide compensation for losses not covered by workers\u2019 comp, such as pain and suffering or punitive damages against the liable party.Process \u2013 When pursuing workers\u2019 compensation benefits, you must submit a claim to the Oklahoma Workers\u2019 Compensation Commission (OWCC). You may have to argue your case at a hearing, manage appeals, or negotiate a settlement. For a personal injury claim, you go through the legal process to file a claim. You will then either take your case to court or settle it beforehand.Proving liability \u2013 While you must prove your injury or illness is job-related for a workers\u2019 comp claim, you do not have to prove your employer is at fault. In a personal injury lawsuit, you must prove that the at-fault party was negligent and caused your injuries.To learn more about whether you have a workers\u2019 comp or personal injury claim, contact an experienced personal injury lawyer in OKC.Can I Get Both Workers\u2019 Comp and Personal Injury Compensation?In most cases, someone getting workers\u2019 comp gives up their right to sue their employer. However, there can be other third parties at fault that may owe an injured worker compensation.An employee on workers\u2019 comp may also be able to pursue a personal injury lawsuit against negligent third parties such as:Manufacturers of defective equipmentAn at-fault driverNegligent subcontractors or vendors at the worksiteNegligent government entities or vendorsAn Oklahoma City personal injury lawyer can review your case and help you determine if a third party may also be responsible for compensating you. Contact the team at Ryan Bisher Ryan & Simons today for a free consultation.Ryan Bisher Ryan & SimonsWe are Ryan Bisher Ryan & Simons, a legal firm that, for decades, has been fighting for the rights of hardworking Oklahoma residents. Our mission is to hold the powerful accountable."},{"@context":"https:\/\/schema.org\/","@type":"BreadcrumbList","itemListElement":[{"@type":"ListItem","position":1,"name":"Blog","item":"https:\/\/www.rbrlawfirm.com\/blog\/#breadcrumbitem"},{"@type":"ListItem","position":2,"name":"What Is the Difference Between Workers\u2019 Compensation and Personal Injury Lawsuits?","item":"https:\/\/www.rbrlawfirm.com\/blog\/workers-comp-and-personal-injury-claims-differences\/#breadcrumbitem"}]}]