Have you been injured? Are you wondering where to go from here and what your options are? Confused between the difference of a Workers’ Compensation case and a Personal Injury claim or lawsuit? Well, read more to find out the difference and how to move forward.
The Workers’ Compensation system was created as a tradeoff between employer and employee to settle cases where accidents happened on the job. This way, employers or co-workers do not get personally sued for accidents, and employees receive the compensation that they deserve in order to survive when not being able to go to work. The Workers’ Compensation system was created to protect both parties.
Personal Injury claims and cases need to have some form of negligence involved, meaning that somebody must be at fault for what has happened. Whether that be a slip and fall case, car accident, or some other form of accident – it must be proved that the other person was being negligent, therefore causing whatever had happened.
Is a Workers’ Compensation or a Personal Injury case right for me?
The main differences between the types of cases are the fault requirements and the types of compensation available. The biggest difference between the two is where the fault for the accident lies. If an accident occurred without somebody at fault in the workplace – then Workers’ Compensation would be the way to go. However, if the accident happened due to an individual’s negligence – then a Personal Injury claim could be ensued. When it comes to damages, or what you are entitled to receive from the case, Workers’ Compensation and Personal Injury are different. Workers’ Compensation does not allow damages that cover pain and suffering, while Personal Injury claims do. This means that with a Personal Injury claim, you are able to collect for damages such as lost wages, earning capacity, current and future medical bills, permanent impairment, loss of employment, etc. Workers’ Compensation will allow for damages such as short or long term disability, medical bills, and rehabilitation costs.
To know if filing a Workers’ Compensation case or a Personal Injury case is right for you, it is best to immediately contact a lawyer and get a professional opinion.