Worker's Compensation VS Personal Injury Claim – What's the Difference?
We can take all the care we want, but when those around us fail to do their part, accidents and injuries can occur. If you sustain injuries, trauma, or damage that needs medical attention – whether physical or psychological – you are entitled to receive compensation from the offending party. But who exactly should that be? Depending on the circumstances surrounding the situation, you can either file for a personal injury claim or a worker’s compensation claim. What’s the difference, you might ask? Read on to learn more.
What is a Personal Injury Claim?
This type of claim can be filed if and when a third party causes injuries of any kind to your person because of their reckless or negligent behavior. Because many of these damages could affect your ability to perform work, a personal injury claim will grant you reimbursement for any salary lost during the time of injury and recovery, as well as coverage for medical bills, future treatments, limitations of earning capacity, and any expenses that could be affected by the case.
What is a Worker’s Compensation Claim?
Many confuse worker’s compensation and personal injury, but there are several differences. The defining distinction of a worker’s compensation case is that the injury occurs at work or during employment. The one at fault is usually the employer, however when it comes to worker’s compensation claims, proving the responsible party is not essential. This is because worker’s compensation is something that employees are entitled to, regardless of the offending party. However, if the injuries were caused by the intentional or negligent actions of a co-worker or employer, then the factor of fault can be brought into the picture and a personal injury claim can come into play. Another distinguishing feature is that a worker’s compensation claim will only cover you for medical expenses, disabilities, as well as the costs of retraining you should the injuries affect your ability to perform your work.
Can Both Be Filed for the Same Case?
There are some instances where a personal injury claim and worker’s compensation claim can be filed at the same time. While these cases can be tricky at best, here are a few examples of circumstances when both claims can be filed:
- Injuries that are caused by a defective product in which case a worker is entitled to file a products liability law suit on top of workers compensation
- Injuries that are caused by the intentional actions of an employer, including assault and sexual harassment
- Injuries that happen at the work place under circumstances not covered by the compensation insurance granted by the employer or where compensation is improperly implemented
- Injuries caused by the intentional actions of a co-worker
- Injuries caused by the intentional or negligent conduct of a third party other than co-workers or employers, such as delivery men who bringing supplies to the work place.
What You Should Do
A lot of insurance companies will fight for their clients and grant as little as possible if a complainant fails to give substantial information regarding their claim. If in case you are confused as to which type of claim you should file, or if you should file both, it would be in your best interest to hire an experienced lawyer to help you settle the situation.
At Avrek Law, we have the most seasoned, experienced, lawyers who specialize in personal injury and worker’s compensation claims. We guarantee to help you win your case as fast, easy, and trouble-free as possible so you can get the best out of your circumstances and move on from those troubling injuries.
Call us today and schedule your consultation with our top notch professionals!