What are the differences between a Workers Compensation claim and a negligence case?
Negligence or product liability suits have fewer fixed limits on the amounts of damages that can be paid. In many states, punitive damages are allowed for such types of cases while punitive damages are never allowed in Workers Compensation claims. In virtually all states, pain and suffering is awarded for negligence but is never allowed in Workers Compensation claims. Ordinarily, a negligence claim is worth significantly more than a Workers Compensation claim, although you should be aware that third party claims require proof of fault on the other party. Proving fault can very often be both difficult and expensive. Furthermore, third party claims are ordinarily decided through the jury system, which is somewhat slower than the various Workers Compensation systems.
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