What’s The Difference Between a Workers Compensation Case and a Case Based on Negligence?

Hi. I’m Brent Probinsky of the law firm of Probinsky & Cole. We have offices in Sarasota, Tampa and Orlando. We’ve been practicing for more than 30 years and we’re here to serve you.

A lot of persons ask us, “What is the difference between a worker’s compensation case and a case based on negligence?” A worker’s compensation case occurs at work. Someone is injured at work and it doesn’t matter if anyone is responsible for that, if anybody is negligent. If it occurs at work, there’s negligence, there’s no negligence, you’re negligent, the injured worker or you’re not, it doesn’t matter. Only if it occurs at work.

In a worker’s compensation case, you’re entitled to a percentage of your lost wages while you can’t work, 66% of your lost wages while you can’t work now or perhaps you have a permanent injury and that will go on during the period of your life that you cannot work up until retirement.

In worker’s compensation, you’re also entitled to all of your medical care, the cost of all your medical care, whether it be surgery, therapy. Again, as long as you need that for the rest of your life.

Oftentimes, the worker’s compensation case, when you’re done with your treatment care, can be settled for a specific amount and your right to make claims ends as you receive a specific amount in cash to resolve the case.

A negligence case is a case that could be a car accident. It could be a defective product. It could be an injury in a store for example and that is different. In that case, you’re entitled to your lost wages. There’s no percentage assigned to that. You’re entitled to lost income, your medical care in the past and the future. You’re also entitled to pain and suffering, which is something you are not entitled to in worker’s compensation.

Pain and suffering could be very significant in a case, especially if you have scarring, disfigurement, limbs that are injured or you lost limbs and also in certain circumstances, your children or your spouse is entitled to lost society and services.

So there’s a big difference between worker’s compensation, which is limited to only lost wages as well as medical care in a negligence case, in which you’re entitled to the whole panoply of compensation, including pain and suffering and there’s no limits really on what you can recover.

Brent Probinsky from the law firm of Probinsky & Cole. We’re very happy to meet you and help you and explain your claim and do the best for you. Thank you.