The Distinctions Between Personal Injury and Workers’ Compensation Cases
After getting injured at work, you will likely have many considerations about your recovery and wonder what options are available to cover your damages and losses. You may have heard about workers’ compensation and personal injury cases, but you may still need to learn how these two very different concepts apply to your situation. In this post, we will discuss their differences, from benefits to procedures.
What’s Workers’ Compensation?
This mandatory insurance program is for all employers with one or more employees. Workers’ compensation insurance pays employees when they are hurt at work.
What’s a Personal Injury Case?
This lawsuit is filed in court. To win, you must prove the opposing side didn’t exercise enough caution and care in a way that caused your injuries. You might try the case in front of a jury or settle it outside of court.
The Element of Fault
The most significant distinction between workers’ compensation and personal injury is that workers’ comp is a no-fault system. Regardless of who caused the accident, the employees can claim insurance payments. In a personal injury case, you must convince the jury that someone else is accountable for your losses, requiring you to prepare evidence.
Entitled Benefits
You can recover damages for lost pay in a workers’ compensation claim. The insurance adjuster will calculate your average weekly wages using your earnings history. You can receive benefits for permanent impairments, medical bills, and vocational rehabilitation to help you get back to work.
On the other hand, a personal injury case also lets you seek compensation for medical bills and lost wages. However, unlike in a workers’ comp claim, you can also receive recompense for pain and suffering and recover punitive damages in a personal injury case.
Different Procedures
Once you report your injury to your employer, both of you need to complete and submit forms to initiate the workers’ comp claim process. Then, the insurer will investigate your claim.
For a personal injury case, you start by filing it in the appropriate court and serve the other side with a copy of the lawsuit. They can file their own court papers in response. To prepare the case, you can demand records and conduct depositions.
Let Our Attorney Help
Schedule a free consultation with Attorney Ted Williams in Baton Rouge, Louisiana. We will listen to the facts of your situation, explain how the law applies to your case, and describe available options. You can rely on us to ensure you get the compensation you need to make a full recovery.