What is the difference between a civil lawsuit and a workers' compensation claim?

The difference between a civil lawsuit and a workers’ compensation claim in West Virginia is important to understand when dealing with an industrial accident. In a civil lawsuit, the injured individual can sue the negligent party for monetary damages. These damages may include compensation for lost wages, medical bills, and emotional distress. In a civil lawsuit, the injured person can also get punitive damages, which are intended to punish the negligent party for their behavior. A workers’ compensation claim, on the other hand, does not involve suing the negligent party. Instead, it’s a claim made against the employer in order to receive compensation for work-related injuries. This compensation may include coverage for medical bills, loss of wages, and other benefits. Unlike a civil lawsuit, punitive damages are not available in a workers’ compensation claim. In West Virginia, any employee who is injured due to the negligence of their employer or a third-party must choose between either filing a civil lawsuit or filing for workers’ compensation benefits. It’s important for injured individuals to understand the differences between the two to make an informed decision on how to proceed.

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What is the difference between a civil lawsuit and a workers' compensation claim?

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