The primary difference between a personal injury claim and a workers’ comp claim is that a personal injury claim is based on negligence, whereas a workers’ comp claim is not. When you file a personal injury claim, you must prove that the at-fault party’s negligence was the proximate cause of your injuries. A workers’ compensation claim only requires you to prove that you were injured on the job.
The other major difference between the two is that a personal injury claim allows the plaintiff to seek compensation for pain, suffering, emotional trauma, and, if applicable, punitive damages, none of which are available through workers’ compensation.
Our Alabama lawyers understand workers’ compensation law and can expound on the differences between the two types of claims and which is the most suitable for your case.