Many people who get hurt in the course of employment find themselves confused as to how to go about filing a claim for compensation. Certainly, you’ve filed all the right forms and reported the accident to your boss, but what happens next? If you disagree with the results of your claim, does it fall under personal injury or workers’ compensation? Learn the difference between a work injury claim and a personal injury claim, and how a qualified personal injury attorney can help you get the compensation to which you’re entitled.
Workers’ Compensation vs. Personal Injury
Workers’ Compensation is very different from a personal injury claim at the core level. The requirements to file one over the other are the crux of the issue, and understanding this basic difference changes the way you fight if your work-related injury claim is denied after you file it.
No Question of Fault
The core difference between workers’ compensation and injury claims comes down to whose fault the accident was. In a work injury claim, there is no concern regarding fault whatsoever.
If you’re injured in the course of employment in any regard, it doesn’t matter who was responsible. Your employer carries workers’ compensation insurance to cover you. This is the case even if your own negligence caused the injury.
When Proving Fault Counts
In other types of injury claim, fault is important. You need to be able to show that, for example, if you slip and fall in a store that the reason for your fall was due to the negligence of the property owner or another person.
For example, if there was a spill on the floor that should have been cleaned up causes you to slip and fall, and there was no warning posted, it’s most likely the establishment’s fault.
There are a number of other important differences to keep in mind. This includes:
- In a work-related injury claim, you cannot claim pain and suffering.
- With other injury cases, you can recover lost potential earnings, future expenses, loss of life enjoyment and a variety of other compensatory damages.
- You cannot sue other workers or your employer in a work injury case. Exceptions to this include water-faring crew members and interstate rail workers.
Workers’ Comp and Injury Attorneys
The problem many people face with a workers’ comp claim is that the claim can be denied. In this case, as well as with injury cases where fault is not cut-and-dried, an attorney is your best bet to ensure you get the compensation you deserve.
Experienced attorneys know how to apply the law to your situation, how to prove that your injury is serious and if necessary, prove who is at fault. An attorney is your best friend and ally when it comes to protecting your rights and ensuring you get all of the compensation to which you are entitled under the law.
If you find yourself in a situation where you need help filing a case for your injuries, we are ready to help. Contact Peter N. Davis Law today for a free case evaluation and help on your case.