Workers comp and personal injury claims are two distinct types of cases, but in certain situations, you may have a difficult time knowing which one you qualify for.
Worker’s compensation is a state-run program that offers benefits to workers in the event they suffer an injury at the job, or as a result of it. These benefits include medical treatment, lost wages, and job protection during an open case.
Personal injury cases, on the other hand, are types of insurance claims you may need to file when a party (person or even company) has caused you harm due to negligence.
Workers comp and personal injury claims are two distinct types of cases, but in certain situations, you may have a difficult time knowing which one you qualify for. Knowing the difference between them may be the key to you getting compensated.
It All Comes Down to Fault
The key difference between these two types of claims is the issue of fault. In a personal injury claim, the victim has the responsibility to prove the other party is at-fault and has caused them harm either because of the way they acted or that they failed to act.
In a workers’ comp claim, on the other hand, fault is not an issue. You can get benefits for a work-related injury even if the work accident was technically your fault, and you can start receiving treatment without the burden of having to prove any wrongdoing on your employer’s part.
This is a key difference from the perspective of how these cases are treated. In a worker’s comp claim, you can technically just notify your employer of your injury and you should generally start receiving medical treatment right away, in a few days. In a personal injury claim, on the other hand, you’ll have to prove the other party was responsible for your injury. However, this does not mean that work injury claims will go smoothly. It may be disputed that your injury was work-related. It will, therefore, be up to you to prove that your injury was the result of your employment.
The Damages Are Different Too
Personal injury claims often result in more awards than worker’s comp because they often include:
In worker’s compensation, you do not receive benefits for pain and suffering, for instance. These additional areas in personal injury claims will often result in rather high settlements, which is also why a lot of the times these claims tend to drag on quite a lot.
Which Type of Claim Is Better for You?
It depends on your case. In some situations, it may be clear which of the two types of claims you qualify for based on circumstances, though this line can get blurry pretty quickly. Regardless of your injury, it is always a good idea to speak with an attorney who has experience with both personal injury and workers’ compensation cases.
Get in touch with an experienced attorney at the Law Office of James M. Hoffmann for a FREE case evaluation. Based on the details of your case, we can help you figure out the best course of action you should take in order to protect your legal right to compensation.
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