When you’re hurt at work, you deserve some help to get back on your feet. What form that help comes in could vary, though. Distinguishing between workers’ compensation and personal injury claims can help you figure out what to do in the wake of an accident or workplace incident. Take a closer look at how the two differ and how the legal team at Shillen, Mackall, Seldon and Spicer can assist with the process.
What Does Workers’ Compensation Entail?
Workers’ compensation is an insurance system that helps employees who get injured or sick because of their job. It ensures that workers receive medical care and financial support without having to go through long legal battles. To be eligible, you must be an employee who suffers a work-related injury or illness, whether from an accident at the job site or conditions at work. Independent contractors and freelancers sometimes don’t qualify since they may not be classified as employees.
The benefits you might receive can differ by state but generally cover medical expenses, lost wages during recovery, and rehabilitation costs. Also, in many instances, compensation can be available for permanent injuries or disabilities resulting from a workplace incident.
What Are Personal Injury Claims?
Personal injury claims are legal cases initiated by individuals who have suffered harm due to someone else’s negligence or intentional misconduct. These claims encompass a wide variety of situations, such as car accidents, slip and fall incidents, or cases of defective products.
To pursue a personal injury claim successfully, the injured parties must demonstrate that their injuries resulted from another party’s failure to exercise reasonable care. This often involves gathering evidence to prove negligence and its direct impact on the victim’s well-being.
Compensation in personal injury cases can be comprehensive, potentially covering medical expenses, lost income, pain and suffering, emotional distress, and property damage. This provides a broader scope of recovery compared to workers’ compensation claims.
Key Differences Between Workers’ Comp and Personal Injury
Eligibility is one major difference between workers’ comp and personal injury claims. Workers’ comp is a no-fault system for employees injured on the job, meaning they don’t need to prove employer negligence. Personal injury claims require establishing fault, as they are based on proving another party’s negligence. This distinction affects the types of compensation available.
Workers’ comp typically covers medical costs and part of lost wages, but not pain and suffering. Personal injury claims can include compensation for pain and suffering, potentially increasing the settlement amount.
Choosing the Right Legal Path
Deciding on the appropriate legal path for your on-the-job injury can significantly impact the outcome of your case. If your injury is strictly work-related and there is no negligence involved, filing a workers’ comp claim is often the most efficient route. This process allows you to receive necessary benefits without the burden of proving fault. On the other hand, if your injury involves negligence by a third party, such as a contractor or a faulty piece of equipment, a personal injury claim might be more suitable. This path can potentially offer greater compensation, including damages for pain and suffering, which are not covered by workers’ comp.
Since each case carries specific details, consulting with an attorney is often worthwhile. Our team at Shillen, Mackall, Seldon and Spicer offers guidance tailored to the circumstances, helping our clients evaluate options and choose the most suitable path.
Get Compensated for Your Work-Related Injury Today
Recognizing the differences between workers’ comp and personal injury claims helps in making informed decisions after an injury. Workers’ comp offers a no-fault system for workplace injuries, while personal injury claims provide broader compensation for negligence-related injuries.
Both paths involve legal considerations that can affect the final outcome. If you’re unsure how to proceed, contact us at Shillen, Mackall, Seldon and Spicer. Our experienced team can guide you in securing the compensation you deserve.
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