The differences between workman's comp vs personal injury for burn injuries can be a confusing issue after you have been injured. Both a worker's comp claim and a personal injury claim are methods of recovering compensation for injuries you suffered- however, they serve different purposes and apply in different situations. Thus, except in very rare cases, if you suffered a burn, you will either collect form workers comp or a personal injury civil lawsuit (or settlement). Whether a personal injury or a worker's comp claim is right for you depends on the situation.
- Worker's comp claims are your only option if the burns happened as a result of your job or job duties, and if you want to show your employer. All 50 states have a compulsory workers comp program and if you are covered, you are subject to the rule that workers comp is an exclusive remedy. The good news is, when you recover your damages through workers comp, you do not need to prove negligence to get compensation for burn injuries
- Personal injury or tort cases are an option for any injury caused by someone else, as long as the injury wasn't a work injury and the someone else wasn't your employer. Here, you'll need to prove the defendant burned you either intentionally or negligently.
A burn injury is a serious injury with the potential for permanent scarring or even death. If this occurs, you will need to contact a lawyer. Your attorney can explain who you can recover compensation from and help you through the appropriate process of collecting those damages.
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