Some industries are prone to accidents. For example, a construction site is a high-risk place to work. A minor mistake can result in severe outcomes. In industries like that, an employer can apply for worker compensation to protect them and their employees. The employees will be compensated with the worker’s compensation policy.
A personal injury case is when an employee opts to file a case against the negligent employer for the injuries they caused. For a personal injury case, you will need a lawyer, and it can go to court. You will be fighting against the insurance company of the negligent party.
If you have been injured at work, you may be wondering if you can file a claim for personal injury or worker compensation. The good news is that, in many cases, you can. However, it is important to understand the differences between workers’ comp and personal injury claims before making a decision. In this blog post, we will discuss how workers’ comp and personal injury claims work, and we will help you understand which one to file in the unfortunate event of an accident.
What is a Claim for Personal Injury?
A personal injury claim is a legal process used to seek financial compensation for someone injured due to the negligence or wrongful act of another person or entity. The injured party, known as the plaintiff, must prove that the other party, known as the defendant, is at fault to succeed in their claim. There are many types of personal injury claims, but some of the most common include car accidents, slip, and fall accidents, and medical malpractice. The amount of compensation that a plaintiff can receive will depend on the severity of their injuries and any economic damages they have incurred as a result of the accident. If you have been injured due to another person’s negligence, you may be entitled to compensation for your damages.
To file a personal injury claim, it is best to hire a lawyer. The defendant will have a lawyer. If you choose to go to the trial without a lawyer, the insurance company will take advantage of it. The insurance company’s primary goal is to not pay you. So, they will try everything to achieve that.
Most personal injury lawyers will work on a contingency basis. So you don’t have to worry about the lawyer fee. They will be paid a percentage of your compensation. In addition, they will be paid only if they win.
A personal injury lawyer will work hard to maximize your compensation. There are four elements in personal injury law. The plaintiff must prove all of them. Here are the 4 elements of personal injury law:
- Duty of Care
- Breach of the Duty
The plaintiff needs to prove these 4 elements of personal injury law to get compensation. First, the plaintiff needs to prove that the defendant owed a duty of care.
Second, the plaintiff must prove that the defendant breached that duty, causing the accident. They must prove that the negligence of the defendant caused the accident.
The third step is causation, which means that the injuries suffered by the plaintiff are caused by the accident the defendant is accused of causing. The plaintiff needs to prove that.
Finally, the plaintiff must show the damages they incurred due to the accident. The damages can be both economic and non-economical.
Proving all this can be a difficult job, and that is why you need a professional. Hire a lawyer from a reputed law firm to maximize your winning chances.
What is a Worker Compensation Claim?
A worker’s compensation claim is a legal claim made by an employee who has been injured in the course of their work. The claim against the employer typically seeks compensation for medical expenses and lost wages. To be eligible for worker’s compensation, the injury must have occurred while the employee was performing their job duties. Furthermore, the injury must not have been caused by the employee’s own negligence. State-level agencies typically handle worker’s compensation claims, and employers are required to carry insurance in case of such claims.
The worker’s compensation policy protects the employer from getting sued. If an employee is injured on the job, they will be compensated by the worker’s compensation policy. The employee cannot file a lawsuit against the employer. The positive of worker’s compensation for workers is that it is a no-fault system.
Can I File a Claim for Personal Injury and Workers’ Comp at the Same Time?
If you’ve been injured at work, you may wonder if you can file a claim for workers’ compensation and personal injury. The answer is, unfortunately, no – you cannot file a claim for both simultaneously. Here’s why:
Workers’ compensation is a no-fault system, meaning that fault doesn’t have to be proven for benefits to be paid out. On the other hand, personal injury claims require fault to be proven to receive damages. Therefore, if you were to file a claim for both workers’ compensation and personal injury, you would essentially be admitting that your employer was at fault for your injuries.
Furthermore, workers’ compensation pays for medical expenses and lost wages resulting from workplace injuries, regardless of who was at fault. So, if you were to successfully file a claim for workers’ compensation and personal injury, you would essentially be double-dipping and could end up being ordered to pay back any benefits you received from workers’ compensation.
However, if an employee is injured in an accident caused by a negligent third party, they can sue them. Meaning an employee can receive worker’s compensation and also file a lawsuit against a negligent third party. But, the third must not be working for your employer. For example, if you were injured in an accident caused by a defective machine, you can sue the manufacturer of the machine while getting worker’s compensation from your employer.
Suppose you are unsure where to start in this legal process. In that case, it is advisable to visit a credible attorney and law sites such as Lawampm.com, which will provide more information on the necessary steps to take to get your compensation.