Brooklyn Injuries 102: Hire A Workers Comp. Or Personal Injury Lawyer?

Tags

Personal Injury vs Workers Compensation

Construction Accidents: Workers Comp versus Personal Injury Lawyer

It is your right to get compensated as a result of any injury suffered at your workplace. But before you are paid for the injuries and damages suffered, there are two vital points you have to understand — whether it should be adjudged as personal injury or workers’ comp. For many workers who probably don’t know about personal injury law, workers comp is the only through route to workers’ compensation.

What type of claim should you file for?

There are lots of differences between these two, although they all point towards one thing — compensation. But since others generally find it difficult to distinguish between the two and often classify personal injury claims as workers compensation claims, they do end up with fewer amounts. In fact, the far-fetched idea that filing a personal injury lawsuit equates to ‘suing’ one’s boss is rampant and makes them feel coy, even when the employee wasn’t the one responsible. If after reading this article you still cannot figure out which legal category your injury falls under, you should call a workers compensation “Super Lawyer” (Super Lawyers is an award given my Martindale Hubble which means the attorney will be amazing) or a Personal Injury “Super Lawyer”.  Regardless of which you will speak to, they will steer you to the right type of legal representation required for your case.

Today, we’re going to set the record straight and offer a simpler analysis of their differences.

Workers’ Compensation Claim

You are entitled to workers’ compensation if you got injured while carrying out your roles within the company. Whether the accident happened off-site or on-site or an associate caused it, you won’t have to prove anything. Ideally, this compensation will have nothing to do with fault and you will be automatically eligible to get paid. Instead, the compensation is remitted to you without any questions being asked.

The following is a more simplified introduction to workers compensation: workers’ comp compensates employees after an injury in the workplace. The reason for this is that even when the employee was responsible, the accident couldn’t have occurred if the employee was absent. And so, with workers’ compensation, one gets paid what’s equivalent to the medical expenses, weekly wages, impairment benefits and vocational rehabilitation.

Personal Injury Claim

Assuming you got injured in an accident of any form and you feel it was as a result of someone’s negligence, a personal injury claim will demand that you prove so. This means a personal injury claim isn’t limited to workers alone.

Unlike the workers’ comp, therefore, compensation relies on how you as well as your personal injury lawyer argue it out. It is a broad, sometimes lengthy route that ought to be proved beyond any reasonable doubt that indeed the other person or party was at fault or negligent. If you succeed and the court proves so, compensation will include medical costs, lost salaries, loss of future earning, pains and agony and everything that resulted from the injury.

Workers’ Compensation Claim ensures you don’t sue your employer

It, instead, ensures every employee who gets injured in the line of duty is compensated and the medical bill is paid with no questions asked. The amounts in compensation, however, are limited, albeit they are dispersed immediately.

 

 

 

Advertisements

Personal Injury Law: Making Money On Slips and Falls

“Slip and fall” is a general term used to describe a situation where a person has a fall on property that is not their own. The scenario can become difficult because fault it not as simple to establish as it is for other types of accident cases like auto collisions. The owner of the premises must have sufficient safe guards in place to protect those present from an unsafe environment, like wet floors or obstacles on the floor. A lawyer trained in personal injury law will follow certain steps to help establish fault and reach a conclusion so damages payments can be retrieved.

Establishing liability:

The first step is to know and understand the story of what happened. This can be challenging because falls happens very quickly and the contributing factors may not always be known. But knowing the reason for the fall is perhaps the most important of the details. Some common scenarios are spills on the floor, equipment left in unsafe places, or steps that are not easily identifiable. These are examples where the defendant can be easily held liable because the fault of the fall is on this unsafe condition, and it is the defendant’s responsibility to keep a safe environment.

Not every “slip & fall” accident is the defendant’s fault though, situations where you fall because of your own clothes, shoelaces or inability to stay focused then the liability is likely on yourself. It can become tricky when it is a combination of both factors, for example, your shoe laces are untied and there is a slippery floor. Finally, many slip and fall accidents today are fake or staged. Sadly, there is a new trend of personal injury fraud going around the united states.

Damages:
Damages are payments received as a result of the injury and its affect on your daily routine. For example, damages can include simply the cost of the medical treatment. But, If the injury caused you to stay out of work. Then the loss of salary is included in damages as well. The goal of damages is to help create a more equitable system, so people don’t suffer at the fault of others. Understanding what damages have been suffered is also not so clear cut and an experienced attorney can assist in determining how you were affected.

Actions to take:

There are some precautionary steps to take at the scene of the accident that can help benefit your injury or accident case or at a minimum not hurt your case. First is to be aware of the environment, and what was the cause of the fall, pictures can be taken for proof of the unsafe environment for use later. Speaking to a witness or documenting their version is very useful as well. The manager or owner of the property should be identified, and any unnecessary comments or blame shouldn’t be made until you have proper representation.

These steps can and should be taken to help increase your chances of winning a case involving personal injury.

_______________________________________________________________________________________

Ribowsky Law- Queens Personal Injury & Accident Lawyer 109-12 Jamaica Ave, Richmond Hill, NY 11418 (718) 659-5333 mrinjurylawyerny.com

Personal Injury Laws & The Types Of Damages Courts Payout For

Tags

car accident law, emotional distress law, personal injury law

Personal injury damages are categorized into two types: general damages and special damages. However, when establishing the extent of damages in a tort case, it is important to be more specific with what type of damages are involved.

Outlined below are the most common types of damages covered by personal injury law:

Personal Property Damages

Personal property damages, as the name suggests, refer to any damages caused by the tortfeasor (the person who commits the civil wrongdoing) to a person’s personal property.

Compensation is calculated based on the value of the property after it was damaged subtracted to the original value of the property.

If the property in question is completely destroyed, compensation should equal the fair market value of the property. In the event that compensation for repairs is sought, the amount of compensation must not exceed its market value.

Loss of Consortium

Under common law, loss of consortium refers to a spouse’s inability to have normal marital relations. In tort cases, damage is established when the spouse is unable to maintain such relations as a result of physical injury or mental or emotional distress. Since damages are not tangible, compensation is calculated based on evidence presented in court.

Damages that Result to Loss of Earnings

Damages that result to loss of earning is based on the income that you expect to lose because of your injuries (whether physical, mental, or emotional) and the amount lost because of your injuries.

It is easier to calculate your past income losses compared to your potential losses. Proving the amount of potential losses in court requires witness testimony, along with financial documentation. The witness you present in court must be able to prove that your injury will get in the way of your ability to perform either your current job properly or a similar job.

In addition, to get compensation for potential income losses, you must also be able to present a medical assessment of your injuries, as well as a schedule of your recovery period. A good attorney at law will be able to help put such a presentation together.

Claims on Wrongful Death

Wrongful death refers to the death of an individual as a result of negligence or intentional harm by another individual. This is fairly new in common law, as wrongful death did not used to be a valid claim under personal injury law. However, wrongful death is now recognized as a civil liability in every state.

Compensation for wrongful death goes to the estate of the deceased to cover creditor claims and any existing debts. The leftovers will go to the beneficiaries of the deceased or by default, to the immediate family if there are no disclosed heirs. In conclusion, it is now the legal right of family members and financial dependents of the deceased can now file for an death related accident or injury claim under personal injury law.

Emotional Distress

Emotional distress is compensated based on a comprehensive examination of a mental health professional on the victim of the crime. These damages are calculated based on healthcare expenses, loss of income, and loss of the capacity to earn. In many countries no financial rewards are granted for emotional distress. In the United States however, monetary rewards for emotional distress are indeed given by court order.

These are just some of the most common damages recognized under personal injury law. Damages that are easily calculated can be settled easily even through informal settlements but damages like emotional distress, loss of consortium, and potential loss of income may be harder to settle and require witness testimonies, as well as additional documentation as proof of damages.