When individuals suffer injuries at work, they often face the dilemma of whether to file a workers’ compensation claim or a personal injury claim, or possibly both. The choice can be complex, given the fundamental distinctions between the two types of claims. In this detailed comparison, we delve into the differences, shedding light on when and why you might choose one over the other.
The Essence of Personal Injury Claims
In the context of a personal injury lawsuit, demonstrating fault is a paramount requirement. For instance, should you slip and fall in a supermarket, you must establish that the owner or staff knew about the hazardous condition and consciously neglected to address it. Even though accidents are common, a personal injury claim necessitates the involvement of another party’s negligence or recklessness in causing your injury.
Successful personal injury claims can yield compensation covering various aspects, including medical expenses, lost earnings, pain and suffering, future medical costs, and even a less tangible element known as the loss of enjoyment of life. This latter concept pertains to the diminishment in your ability to engage in and enjoy activities and hobbies due to your injury.
The Mechanics of Workers’ Compensation Claims
Contrarily, workers’ compensation claims are applicable to all employees, barring a few exceptions. With these claims, there’s no obligation to prove someone else’s fault. The fundamental criteria is proving that your injury happened in the course of performing your work duties.
Upon approval of a workers’ compensation claim, you’re eligible for compensation covering missed work, permanent impairment, medical bills, and vocational rehabilitation. It’s crucial to note that despite the severity or traumatic nature of your injury, workers’ compensation claims do not consider pain and suffering or loss of enjoyment of life as compensable elements.
The workers’ compensation insurance system safeguards employers from potential lawsuits, providing swifter compensation compared to personal injury lawsuits. If you sustain an injury at work, you generally cannot sue your employer for damages, particularly if you’ve already filed a workers’ compensation claim.
Navigating Your Workplace Injury Scenario
Given the complexities and legal intricacies of both workers’ compensation and personal injury claims, it’s advisable to seek professional legal counsel. If you’re grappling with a workplace injury situation and unsure of the best course of action, speak with one of our seasoned workers’ compensation attorneys at PLBH.
With over two decades of legal experience, PLBH is well-equipped to guide your case. Our commitment is to help you navigate this challenging period, exploring all available options to aid you in recovering from your injury. Contact us today at (800) 435-7542 to see how we can assist you in your journey towards recovery.