Workplace accidents and injuries are, sadly, a common occurrence within the working world. Whether it be strains from moving office materials, or having a fall or crush injury inside of a factory or warehouse, injuries can occur anywhere, anytime. Personal injury claims may often be an option as well when someone gets hurt in this manner. However, many only file for one or the other, without knowing the benefits for the other. Understanding your legal recourse options before proceeding any particular direction may save you some headaches and heartaches down the road. So, let’s go over the differences between the two.
With both worker’s compensation and personal injury filings, they aim to do one thing: Help the injured regain what they have lost. What they have lost is generally seen as wage losses, medical bill repayment, and any other injuries that have occurred. The difference lies in what they cover specifically. Personal injury cases cover everything from wage losses to compensation for such things as pain and suffering or life impairments. With worker’s compensation, however, one is not entitled to compensation for such things as pain and suffering. Worker’s compensation will generally only cover permanent impairment benefits, medical bills, and vocational rehabilitation, as well as wages from work. But, keep in mind, the wages that are gained through workman’s compensation is a reduced value of what the victim would normally make.
So many people would be wondering, “Why go for worker’s compensation when personal injury filings seem to net me the better deal?” This is mostly answered by how one would be able to get a successful case made. With worker’s compensation, all that must be proven is that the injury has a connection to the job. This can be seen in what equipment was involved, where it was involved, or the incident in general. As long as it is connected to the injury, it qualifies as a worker’s compensation case.
Proving Your Case
With personal injury cases, it’s a bit more difficult. Just like the worker’s compensation, it will need to be proven that the injury has some connection with the company or workplace that is in question. However, on top of that, negligence and fault must be proven. Fault and Negligence are both terms used when putting blame onto a party. This includes proving that the injury was directly caused by the actions of the company or party, and not from one’s own problems. A very good case to demonstrate this is a slip and fall accident at work. Since it happened at work, the injured person would be able to claim worker’s compensation, because it happened at the company’s workplace. But, it would not qualify for a personal injury claim, since it happened due to the victim’s own clumsiness.
These are the primary differences between personal injury cases and worker’s compensation cases. Although they both are there for primarily the same reason, both have drastically different paths to success, which must be taken into account when filing for one or the other. Making sure to know the differences could be a life-saver in the end. Don’t wait when it comes to a personal injury claim, contact the lawyers at Lapeze & Johns today for your free case evaluation.