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The Difference Between A Personal Injury Claim And Workers’ Compensation

Personal injury claim Ontario

People often confuse personal injury claims with workers’ compensation. However, there are three distinct differences between the two. Here’s an overview.

1. Fault One of the biggest dissimilarities between workers’ compensation and personal injury claims is the concept of proving fault. To win a personal injury claim, you must prove that another party’s negligence caused your injuries. If you were injured in a car accident, for example, and want to file a personal injury claim, you must prove that the other driver’s reckless behaviour caused or contributed to your injuries. However, if you’re injured at work or while performing work-related duties, even if the injury was caused by your own negligence, you’re still entitled to receive workers’ compensation. You don’t have to prove that someone was at fault to receive benefits. 2. Benefits If you file a workers’ compensation claim, the benefits you’re allowed to claim are generally limited to lost wages and medical treatment. However, if you win a personal injury case, you’re entitled to more comprehensive compensation, including non-economic losses such as emotional pain and suffering, which aren’t covered under workers’ compensation. However, one of the biggest upsides is that when you file a worker’s compensation claim, you receive benefits almost immediately, without having to undergo the hassle of proving fault. However, when you file a personal injury claim, it can take months or even years to get the funds you need to cover your medical bills and other expenses. 3. Right to sue When you file for workers’ compensation, you aren’t allowed to sue your employer or file a lawsuit against them. However, if you make a personal injury claim, you’re entitled to make a punitive claim against the negligent party to recover additional damages. Additionally, if you file a workers’ compensation claim, you’re typically not allowed to also file a personal injury claim for the same incident. However, if a third party’s negligent behaviour caused your workplace injury, you may be entitled to make a personal injury claim against them.


If you’ve been injured in an accident and want to claim compensation for your damages, you can count on the experienced team of lawyers at Feifel Gualazzi. We specialize in personal injury claims, including serious and catastrophic injuries, as well as emotional and psychological injuries. We’ve helped thousands of clients in Northern Ontario secure fair settlements. To schedule a free consultation, contact us today.


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