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.