Is There a Difference Between a Personal Injury and Workers’ Compensation Case?
If you have been injured at work, you may wonder whether your injury is covered under workers’ compensation or if you will need to file a personal injury claim. There are several ways that a workplace injury is different than other types of injuries.
Personal Injury and Fault
In order to prove a claim for injury outside the workplace, you must prove that someone else was at fault for that injury. For example, if you slip and fall on your neighbor’s sidewalk, the neighbor must have done something, such as fail to clear ice or snow, in order for you to file a claim for your injuries.
When you simple lose your balance and fall, there is no fault so your neighbor is not responsible to compensate you if you suffer an injury.
Workers’ Compensation Does Not Require Fault
When you are injured at work, you do not need to prove fault in order to be compensated for your injuries. In fact, in some states, you are eligible for compensation even if you are at fault for your own injury if it happens during your regular job duties. Even if another employee caused your injury, you may still file a claim with your company’s insurance company that covers workplace injuries.
A workplace injury does not require you to use the court system to receive compensation.
Differences in Damages
In addition to difference in fault, there are also differences in the damages you may receive from workers’ compensation. In a workplace accident, you may not receive benefits for pain and suffering. You will only receive weekly compensation to cover your lost income, permanent impairment benefits, medical bills and any rehabilitation you may need to return to work.
In a personal injury claim, you may recover all damages, including lost earnings, lost earning capacity, both future and current medical bills as well as payment for permanent impairment, pain and suffering or loss of enjoyment of life.
In most cases, these types of benefits are obtained through a lawsuit while you are forbidden from suing an employer if you are injured on the job in most cases.
If you or a loved one has suffered either an injury, whether at your workplace or elsewhere, you need legal representation. Hiring an attorney for a workplace injury does not mean you are suing your employer. Instead, the attorneys at Lundy Law will work with the employer and the insurance company to insure you receive the workers’ compensation you are entitled to under the law.
Arrange for your initial consultation by calling 1-800-Lundy Law or completing the simple form. We can help you get compensation for injuries sustained both inside and outside the workplace.