What’s the Difference Between Workers’ Compensation and Personal Injury Claims?

When someone is injured, whether on the job or due to someone else’s negligence in North Carolina, they may be entitled to compensation for their losses. Two common legal avenues for recovering damages are workers’ compensation claims and personal injury claims. While both aim to provide financial relief for injured individuals, the processes, benefits, and requirements for these claims are distinct. Understanding the differences is crucial to determining your situation’s best course of action.

Our Charlotte workers’ compensation and personal injury attorneys at Ramsay Law Firm, P.A. can help. Here’s what you need to know first.

North Carolina Workers’ Compensation Claims

Workers’ compensation is a no-fault system designed to provide benefits to employees who are injured or become ill while working. In North Carolina, almost all employers are required to carry workers’ compensation insurance.

Key features of North Carolina workers’ compensation claims include:

• No Need to Prove Fault: Employees do not need to prove that their employer was negligent or at fault for their injury. Workers are generally eligible for benefits as long as the injury occurred in the course and scope of employment.
• Types of Benefits Provided:
  • Medical Expenses: Covers the cost of treatment, rehabilitation, and medications related to the work injury.
  • Lost Wages: Provides temporary total disability (TTD) benefits, typically two-thirds of the employee’s average weekly wage.
  • Permanent Disability Benefits: For workers who suffer lasting impairments.
  • Vocational Rehabilitation: Helps injured workers locate or retrain for a new job if they can’t return to their previous role.
• Limitations on Compensation: Workers’ compensation does not cover non-economic damages like pain and suffering. It is designed to provide specific financial benefits but not comprehensive compensation for all losses.
• Exclusive Remedy Doctrine: Employees generally cannot sue their employers for additional damages, as workers’ compensation is intended to be the sole remedy for workplace injuries.

North Carolina Personal Injury Claims

Personal injury claims are pursued when someone is injured due to another party’s negligence, recklessness, or intentional actions. These claims are typically filed in civil court and can arise from various scenarios, including car accidents, slips and falls, or other incidents caused by negligence.

Key features of North Carolina personal injury claims include:

• Fault-Based System: Unlike workers’ compensation, personal injury claims require the injured party to prove that the other party’s negligence caused their injury. Evidence such as eyewitness testimony, medical records, and expert opinions is often necessary.
• Types of Damages Available:
  • Economic Damages: Covers medical bills, lost wages, and other financial losses.
  • Non-Economic Damages: Includes pain and suffering, emotional distress, and loss of enjoyment of life.
  • Punitive Damages: In cases of extreme negligence, courts may award punitive damages to punish the wrongdoer.
• Broader Range of Liable Parties: Personal injury claims can be filed against individuals, companies, or entities responsible for causing the injury.
• Statute of Limitations: In North Carolina, personal injury claims generally must be filed within three years from the date of the injury.

Which Option Is Right for You?

The appropriate claim depends on the circumstances of your injury. For workplace injuries, workers’ compensation is typically the primary option. However, if a third party’s negligence contributed to your injury—such as a defective piece of equipment—you may also have grounds for a personal injury claim.

How Ramsay Law Firm, P.A. Can Help

Navigating the differences between workers’ compensation and personal injury claims can be complex. At Ramsay Law Firm, P.A., our Charlotte attorneys focus on helping injured workers and individuals secure the compensation they deserve. Whether you need assistance filing a workers’ compensation claim or pursuing a personal injury lawsuit, our team guides you every step of the way.

Contact our dedicated Mecklenburg County workers’ compensation and personal injury law firm for a free consultation at 704-376-1616 or online if you’ve been injured and are unsure about your legal options. Let us help you understand your rights and take the necessary steps toward recovery. A Voice For The Injured. Here Every Step of The Way.