What’s the Difference Between Workers’ Compensation and Personal Injury?
If you've been injured, it's natural to wonder what kind of legal case you might have. Many people aren’t sure whether their injury falls under workers’ compensation or personal injury law — and understanding the difference can make a big impact on your case and your recovery.
At the Law Office of James R. Snell, Jr., LLC, we help injured clients throughout South Carolina navigate both systems. Here’s what you need to know.
Workers’ Compensation: No-Fault, Job-Related Injuries
Workers’ compensation is a type of insurance employers carry to cover employees injured on the job. If you're hurt while doing work-related tasks — whether at a job site, in a company vehicle, or even at an offsite location — your claim likely falls under workers’ comp.
One of the key features of workers’ compensation is that it's a no-fault system. This means you don’t have to prove your employer did anything wrong. You just need to show that you were injured while performing your job duties.
Benefits available through South Carolina workers’ compensation include:
Medical treatment
Weekly checks for lost wages (usually 2/3 of your average pay)
Payment for permanent disability or impairment
Coverage for future medical needs related to the injury
However, workers’ comp does not allow you to sue your employer for pain and suffering, even if they were negligent.
The trade-off is that often times medical treatment paid on behalf of the employer is often immediately available.
Personal Injury: Negligence-Based Claims
Personal injury cases arise when someone is hurt due to another party’s negligence. This can include car accidents, slip and fall incidents, dog bites, or defective products.
In these cases, you do need to prove fault — meaning the other party caused your injury due to carelessness or recklessness. If successful, you can recover a broader range of damages than workers’ comp offers, including:
Full reimbursement of lost wages and medical bills
Pain and suffering
Emotional distress
Loss of enjoyment of life
Future lost earning capacity
Although maximum financial payments may be larger in many cases, the trade-off is that medical treatments are not paid for up-front or as-needed, but instead are normally reimbursed in a single lump-sum payment at the end of the case.
Can You Have Both?
Yes — in some cases, you may have both a workers’ compensation claim and a personal injury claim. For example, if you’re driving for work and are hit by a negligent driver, you may qualify for workers’ comp from your employer and a personal injury case against the at-fault driver.
Speak With an Experienced Injury Lawyer
Each case is unique, and choosing the right legal path — or pursuing both when appropriate — can make a big difference in your financial recovery.
If you’ve been injured at work or because of someone else’s negligence, don’t try to figure it out on your own. Contact the Law Office of James R. Snell, Jr., LLC today at (803) 359-3301 to schedule your free consultation.
We’ll help you understand your options and fight to get you the compensation you deserve.