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Workers’ Comp vs Personal Injury: Key Differences Explained

Workers’ Comp vs Personal Injury: Key Differences Explained
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workers comp vs personal injury key differences explainedWhen you’re hurt in Rhode Island—at work, in a car accident, or on someone else’s property—it can be confusing to know which type of claim applies. Workers’ compensation and personal injury claims both help injured people recover compensation, but they work very differently. Here’s a simple breakdown to help you understand your rights.

What Is a Workers’ Compensation Claim?

Workers’ comp covers employees injured on the job. It’s a no-fault system, meaning you don’t need to prove anyone caused your injury.
You may qualify for:

  • Medical treatment

  • Lost wage benefits

  • Temporary or permanent disability

  • Vocational rehabilitation

Workers’ comp is usually the only option for workplace injuries unless a third party (not your employer) caused the accident.

What Is a Personal Injury Claim?

Personal injury claims apply to accidents caused by someone else’s negligence—car crashes, slip-and-falls, unsafe property, etc.
You can pursue compensation for:

  • Medical bills

  • Lost income

  • Pain and suffering

  • Property damage

  • Long-term care needs

You must prove the other party was negligent or careless.

The Biggest Differences

Fault:

  • Workers’ comp: No need to prove fault.

  • Personal injury: Must prove negligence.

Compensation:

  • Workers’ comp: Covers medical bills + partial lost wages.

  • Personal injury: Can recover full damages, including pain and suffering.

Who You File Against:

  • Workers’ comp: Filed through employer’s insurance.

  • Personal injury: Filed against the at-fault person or business.

Can You File Both?

Yes—if a third party caused your workplace injury.
Example: A delivery driver hit by another vehicle while working.

Why Legal Help Matters

Workers’ comp deadlines, denied claims, and insurance pushback are common. Personal injury cases often involve aggressive insurance companies. An experienced Rhode Island attorney can help protect your rights and maximize your compensation.