When you’re injured on the job in Iowa, you could have a workers’ compensation claim, personal injury lawsuit, or both. Understanding the differences between these types of cases is crucial for maximizing the compensation for your medical expenses, lost wages, and the other ways your injury affects your life.
The best way to know what type of case you have is to consult an experienced West Des Moines personal injury and workers’ compensation law firm.
Fault-Based vs. No-Fault
One of the most significant differences between personal injury lawsuits and workers’ compensation claims is how they address fault.
In a personal injury lawsuit, you must use evidence to demonstrate another party’s fault for your injuries. This could mean showing that the motorist who collided with you was texting while driving, or that a contractor failed to adequately secure scaffolding, leading it to collapse on you.
Workers’ compensation claims are entirely different in that they don’t consider fault at all. It is a form of no-fault insurance, meaning that, as long as you qualify for it, you can recover benefits without having to prove someone else caused your injuries. This can make it much easier for injured workers to recover the benefits they need through a workers’ compensation claim compared to a personal injury lawsuit.
Personal Injury vs. Workers’ Compensation Benefits
The second big difference between personal injury lawsuits and workers’ comp claims is the compensation that you can receive through them.
Since workers’ comp is a no-fault system, the compensation you can recover is limited. Workers’ comp benefits only cover:
- Past and future medical expenses
- A portion of your lost wages and loss of earning capacity
- Permanent disability based on your impairment rating and affected body part
- Vocational rehabilitation if you cannot return to your pre-injury job
In contrast, the compensation you can recover through a personal injury lawsuit includes:
- Past and future medical expenses
- Your full lost wages and loss of earning capacity
- Permanent disability
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
The addition of compensation for the intangible ways your injuries affect your life, like your pain and suffering, can significantly increase your total recovered compensation through a personal injury lawsuit.
Seeking Compensation Following a Work Injury
The third major difference between personal injury lawsuits and workers’ compensation claims is when you can file them.
Workers’ compensation is only available to employees who are injured on the job. If you are an independent contractor or if your injury isn’t work-related, you likely don’t qualify for workers’ comp benefits under Iowa law.
Personal injury lawsuits apply to a broader range of situations. However, one notable exception is that employees cannot file lawsuits against their employers for work-related injuries. They must go through the workers’ compensation system. But employees can file lawsuits against third parties who contributed to their injuries, such as equipment manufacturers.
In some cases, you may have both a workers’ compensation claim and a personal injury lawsuit for the same incident. A lawyer can help you explore your options to make sure you receive the maximum compensation available.
Contact Our Iowa Personal Injury and Workers’ Compensation Lawyers
At Loney & Schueller, LLC, we have two workers’ compensation attorneys and one personal injury attorney on staff. Together, our lawyers have a combined 50 years of experience, and we’re ready to put that experience to work for you.
Our West Des Moines firm is known for its aggressive approach, personalized service, and commitment to its clients, even those in smaller communities often overlooked by larger firms. Contact us today for a free consultation with an experienced member of our legal team and to learn more about whether you have a workers’ comp claim, personal injury lawsuit, or both.
