While Johnson & Alday cover both kinds of cases and they are part of the same general family of “liability,” there are key differences between the two. While both liability and worker’s comp cover injury, the differences are stark when it comes to compensation parameters, legal process, and issues of fault. Below, our colleagues at Johnson & Alday, LLC explain key differences between liability cases and worker’s compensation.
Fault Requirements
WIth liability cases, that being anything from a motor vehicle collision to a dog bite, it is required that there is proof of fault. The other party must be at fault in order to proceed with a liability claim of any kind. As for a worker’s compensation claim, the employer does not need to be proven at fault. If you were hurt at work, you are entitled to worker’s compensation: simple as that.
Compensation Scope
Worker’s compensation, like liability, covers your medical expenses as well as part of lost wages you may have due to your time out of work. Liability is more inclusive on that front, as it can cover medical expenses, lost wages, future earning capacity, emotional distress, and pain and suffering. These are less concrete numbers, and there is more room for negotiation and many different aspects to take into account.
Legal Process
While there are usually standard proceedings in cases like these, there is one key difference that lies in the classification. Worker’s compensation cases are typically an administrative process that involves state agencies, whereas liability cases are civil lawsuits tried in front of a jury. Both are heavily involved with insurance agencies and have some similarities, the actual process and eventual trial or hearing can be very different.
Ability to Sue
Typically, you would not sue your employer for a workplace injury, and worker’s compensation is the exclusive remedy. Liability cases, on the other hand, are filed against third parties, such as a negligent driver and their insurance. You may not be directly suing the driver, but their insurance is effected and that is where the settlement comes from when all is said and done.
The Overlap
If a third party (not your employer) causes your work injury (such as a defective machine, a car accident while you are driving for work), you may be able to file a worker’s compensation claim and a liability lawsuit. They are still separate, but they are regarding the same instance and will be processed differently and will be considered completely separate claims.
Overall, a personal injury lawyer knows that a worker’s compensation claim is more of a no-fault system covering work-related injuries with limited specific benefits (usually only including medical expenses and lost wages), whereas liability requires the proof of negligence by a third party to recover broader damages such as pain and suffering in addition to what is covered in a workers compensation claim. In addition, worker’s compensation is usually an exclusive remedy against employers, whereas liability allows for lawsuits against negligent parties.
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Moua Lee58 days agoTrustindex verifies that the original source of the review is Google.
Attorney Chris is easy to talk to and if you doesn't understand something he'll explain it to you nicelyPosted on Google![]()
Lorenzo Mcgaha64 days agoTrustindex verifies that the original source of the review is Google.
STAND UP GUY ,THE LAST LAWYER I HAD TRIED TO LET THE CASE LAPSE AND COST ME MORE $$$$,MR. GORDON TOOK OVER MY CASE AND GOT ME COMPENSATED,NO B.S. AND HE HAS THAT GO GET EM MENTALITY KUDOS THANXPosted on Google![]()
Brian Thao132 days agoTrustindex verifies that the original source of the review is Google.
During my car incident, I was able to get in touch with Chris Gordon and I must say, he is more than professional. He will get on your case right away and will win your case for you as soon as possible just like my case that he just finished settling. He is very quick with his work and will get your case to settle and get your money back to you. I would highly recommend Chris Gordon to be your attorney if you ever get into a car accident that was not your fault. Would like Chris Gordon to represent me again in the future.Posted on Google![]()
Rich money Thompson141 days agoTrustindex verifies that the original source of the review is Google.
I think the lawyer for helping me Noah and Dwayne he helped us a great deal thank you so much you did your work very well and I'm glad to give you a five star if I ever need you in life again I will contact you thank you so much Bruce ThompsonPosted on Google![]()
Latecia Dixon155 days agoTrustindex verifies that the original source of the review is Google.
I cannot recommend Gordon Law enough. Working with Chris Gordon during my 2023 car accident case was one of the best decisions I could have made. From the very beginning, he made the entire process feel smooth, stress-free, and easy to understand. He was always informative, professional, responsive, and easy to communicate with, which gave me so much peace of mind during a very difficult time. Because of him, I was able to fully focus on my recovery knowing the legal side was being handled with care and confidence. My situation was also more complicated than most because the individual involved provided fake insurance information. Even nearly three years later, when I reached back out to Chris for guidance on moving forward with small claims court, he still took the time to help me prepare, answer my questions, re-edit documents, and guide me step-by-step through the process. His support truly helped build my confidence going into court. The advisory attorneys at small claims even commented on how smooth, organized, and well-prepared everything was. That says a lot, and I give major credit to Chris Gordon for that. His patience, knowledge, listening skills, and dedication made a stressful situation feel manageable and empowering. If you are looking for an attorney who genuinely cares, communicates well, prepares you thoroughly, and fights to make sure you feel heard and supported, I highly recommend Chris Gordon and Gordon Law. Thank you again for helping me feel confident, prepared, and ultimately helping me seek justice for myself.Posted on Google![]()
LaShana176 days agoTrustindex verifies that the original source of the review is Google.
I received Mr. Chris’s business card from Elder Chiropractor, and I was a bit nervous at first because I didn’t know what to expect. However, that quickly changed once I reached out to him. He was very professional, welcoming, and made the process easy by gathering all of my information without hesitation. Mr. Chris was patient as I worked on collecting the documents he requested, and he consistently followed up after I sent correspondence. His communication and support made a big difference. I highly recommend Mr. Chris Gordon Law firm if you’re in need of an attorney. Thank you!Posted on Google![]()
Kamiki Johnson185 days agoTrustindex verifies that the original source of the review is Google.
Gordon Law is the best law firm I've ever dealt with. We've had Chris Gordon as our lawyer for over 10yrs. He's the best hes goes above and beyond for his clients. He keeps you very informed and returns all calls promptly. Chris is very detailed to where you don't have questions because he answered all of them while explaining what's going on. 5 stars is just not enough when talking about Gordon Law. They make a terrible time a great experience with all the support they give you while trying to help solve your situation. The Johnson Family Appreciates all the hard work you've done for our family Thank you againPosted on Google![]()
Katie Nisbet197 days agoTrustindex verifies that the original source of the review is Google.
Chris was very helpful in answering all my questions. We felt that we were in great hands. Would definitely recommend.Posted on Google![]()
Justin Dominique223 days agoTrustindex verifies that the original source of the review is Google.
10/10 service. He got me paid, made me feel important even though my case was minor, and had been nothing but kind, responsive and valuable ever since. Highly, highly recommend.Posted on Google![]()
Debbie Anderson245 days agoTrustindex verifies that the original source of the review is Google.
We found Chris to be professional and experienced in the field in which we required his services. He was quick to respond to our efforts to contact him and always made us feel he had plenty of time for us. If the need ever arises again, we will not hesitate to contact Chris Gordon at Gordon Law.