Should You File a Personal Injury Claim or Workers’ Compensation Claim?
Accidents can happen to anyone, no matter how careful you are. However, if you do get injured, you have a chance of claiming compensation. In this case, you will need to file a worker’s compensation or a personal injury claim. Note that they aren’t mutually exclusive. But it’s imperative that you understand the differences between them. This knowledge will help you choose a way that will benefit you most in the long run and will also help with the appeals process if needed.
Also, remember that no matter whether you plan on hiring them, consulting with a lawyer like BairdQuinn.com is always a good idea.
Personal Injury Claim Vs. Workers’ Compensation: The Matter of Fault
The thing with the workers’ compensation is that every worker is entitled to it. At the least, this is a general idea, but individual countries have their own regulations and laws regarding it. However, while some details might vary, the important thing to understand is that if you get injured at work, you are entitled to compensation. It doesn’t matter who exactly is at fault, even if it’s your own carelessness that brought this on. But as you were doing your job when the injury occurred, you should get compensation from your employer.
A personal injury claim, on the contrary, fully depends on fault. Therefore, if there is someone else responsible for the incident, you should start looking for a personal injury lawyer. And bear in mind that “being responsible” doesn’t have to mean that the person pushed you from the stairs directly. It could have been their negligence in maintaining said stairs that resulted in them breaking under you.
As you can see, while workers’ compensation claims are rather straightforward, personal injuries are tricky. That’s exactly why having a good lawyer can make all the difference in this case. Also, this is why you should always look for a lawyer with experience in similar cases. They have a better chance of presenting and proving “fault” in a way that will be accepted by the court.
With this in mind, you should know that depending on the situation, you might be able to file both claims. This is a very important detail because the types of compensation you can get under these claims are very different.
What Kind of Compensation Are You Entitled To?
It’s not surprising that while workers’ compensation benefits are easier to obtain, they add up to a much smaller amount. That’s because this type of compensation is rather limited. Usually, the maximum you could expect is:
- Hospital bills
- Vocational rehabilitation costs
- Permanent impairment benefits
- Lost wages compensation
If the injury led to total or partial disability, you might be able to receive some type of weekly benefits long term. This should compensate you for lost wages.
However, remember that the exact workers’ compensation regulation laws vary from state to state. The details like the amount and duration for which you can receive benefits is limited and different everywhere. Moreover, your employer will hardly be honorable enough to accept this without a fight. And some employers manage to skip this type of compensation altogether because their workers’ employment status is murky.
In contrast, a personal injury allows you to claim compensation for all the damages you suffered. This includes, but not limited to:
- Benefits for pain and suffering
- Lost earning capacity
- Future medical expenses
- Loss of enjoyment of life
- Costs associated with canceled trips and plans
- Emotional distress of surviving family and loved ones
This list could go on and on. That’s another reason why you need an experienced lawyer on your side when handling this type of claim. They will help you understand exactly what you are entitled to and develop a strategy for getting it.
