What’s the Difference Between Workers’ Compensation and Personal Injury Claims in Connecticut?

Aaron Jainchill | November 6, 2025 | Worker Compensation

Filing a workers’ compensation does not require you to prove your employer was at fault for your injury. Workers Compensation for work injuries regardless of who was responsible. However, the benefits available to you for a workers compensation claim are limited to medical expenses and lost wages. You can also be eligible for a disability award if you are permanently injured. But that is effective all you are entitled to.

In contrast, personal injury claims require proof that someone caused the accident. Like a workers’ compensation claim, a personal injury claim will compensate you for medical expenses and lost wages. You are also eligible compensation for loss of earning capacity, as well as for pain and suffering, loss of enjoyment of life’s activities, and impacts to your ability to perform ordinary activities of daily living. The key difference, though, is that to be successful in a Personal Injury Claim, you must prove that someone was at fault for your injuries.

Depending on your circumstances, you may be able to file a workers’ compensation claim AND a personal injury lawsuit for the same injury. If you have questions about the differences between workers’ compensation and personal injury claims, you can talk to a Connecticut workers’ compensation attorney at Jainchill & Beckert, LLC, in a confidential and free consultation.

What Compensation Is Available in a Workers’ Compensation Claim?

Nearly all employers in Connecticut must carry workers’ compensation insurance to pay for injuries employees suffer. Workers’ compensation in Connecticut will pay for the following benefits after a work injury:

Medical benefits – Workers’ compensation will pay for reasonable medical treatment for your injuries, including hospitalization costs, follow-up care, rehab, and prescriptions.
Wage replacement – If your injuries prevent you from working, workers’ compensation will pay a portion of your pre-injury earnings.
Wage differential – The policy should pay a portion of the difference between your pre-injury and current wages if you switch careers to a lower-paying job or work less due to permanent disability.
Relapse or recurrence – Workers’ compensation will also provide benefits if you recover, but your injury later relapses.
Permanent partial disability – If you lose the total or partial use of a body part, your physician will issue a disability rating, and you may be entitled to a specific number of weeks of benefits due to your permanent impairment.
Permanent total disability benefits – If you cannot return to work, workers’ comp will pay a portion of your pre-injury wages long term.
Vocational retraining – If your injuries prevent you from returning to your position, workers’ compensation can pay for the cost of vocational retraining and education.

Workers’ compensation provides no-fault coverage. So, you will not need to prove liability and fault to receive benefits. As long as the injury is work-related, you can file a workers’ compensation claim in Connecticut and should receive all benefits you are entitled to receive.

How Are Workers’ Comp Benefits Different from Personal Injury Compensation?

A significant difference between workers’ compensation and personal injury claims is the type of compensation. Workers’ compensation benefits will pay medical bills and replace a portion of your lost work income. However, workers’ comp won’t pay for pain and suffering or other intangible losses.

The inability to recover money for subjective losses like pain and anguish is one of the trade-offs of having the no-fault workers’ compensation system in Connecticut. You also cannot seek punitive damages in a workers’ comp claim.

In contrast, in a personal injury law claim, an injured employee can seek compensation for intangible losses in addition to compensation for past and future medical expenses and lost wages. Through a separate personal injury lawsuit, you can potentially recover compensation for your economic losses as well as individual losses, such as pain and suffering, mental anguish, scarring, and disfigurement.

Is the Duration of Compensation Different for Either Claim?

The time you receive workers’ compensation depends on the specific benefit. Medical benefits will pay for any necessary treatment for work injuries, without a particular timeline. Wage replacement benefits will continue for as long as you cannot work. So, their duration depends on the injury severity and level of impairment. You may also be eligible for an award for permanent disability.

Personal injury settlements, in contrast, are usually paid out in a single lump sum. You can choose to receive a structured settlement that makes payments at defined intervals if you want to prioritize having a regular stream of income.

Can I Get Workers’ Compensation Benefits and Personal Injury Damages?

Yes, in some cases, you may be able to file personal injury and workers’ compensation claims for the same injury. Connecticut law generally prohibits you from suing your employer for negligence. Still, you could file a third-party lawsuit against any parties who are not your employer if their actions or misconduct caused your work injuries.

For example, if you drive for a living and a negligent motorist injures you while on duty, you could file two claims: A workers’ compensation claim with your employer and a third-party liability claim against the motorist.

The catch is that your employer’s workers’ compensation insurance carrier has a legal right to the portion of your personal injury settlement that would reimburse them for the workers’ compensation benefits they paid. Connecticut allows these third-party liens to prevent victims from receiving a double windfall for injuries.

How Can an Attorney Help with My Work Injury Case?

Workers’ compensation and personal injury cases involve a complex claims process that can take several months to a year or more to resolve. An attorney can manage all the legal and administrative aspects of injury claims, including:

Gathering evidence at the accident scene
Obtaining medical documentation and police reports
Calculating your losses
Sending demand letters
Negotiating with insurance companies
Filing formal lawsuits.

An attorney can help determine whether a workers’ compensation or personal injury claim would be best for your situation.

Are Deadlines Different for Workers’ Compensation and Personal Injury Claims?

Different deadlines apply when filing workers’ compensation claims and personal injury lawsuits. Connecticut law places a two-year time limit on all personal injury claims for negligence or wrongdoing. This time limit starts counting from the date you sustained your injuries or discovered them.

The time limit for workers’ compensation claims is shorter. Workers’ compensation claims for accidental injuries have a one-year time limit. In the case of occupational diseases from exposure at work, this time limit is three years.

Get Help from an Experienced Connecticut Work Injury Lawyer

Regardless of whether you need to file a workers’ compensation or personal injury claim, Jainchill & Beckert, LLC, can offer our assistance. We have over 55 years of combined legal experience helping injured workers in Connecticut and a record of successful settlements and verdicts. We know the physical and financial consequences of an injury can be drastic. We aim to help you find relief and pursue the fair compensation you deserve after a workplace injury.