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Personal Injury Lawyer or Worker’s Compensation Lawyer?

Personal Injury Lawyer or Worker’s Compensation Lawyer?

personal-injury

Personal Injury Lawyer or Worker’s Compensation Lawyer?  You may have heard about personal injury claims and worker’s compensation claims but you need to understand these claims first before applying for your personal injury lawyer. These claims are very different things with different procedures and payments available.

I. Personal Injury Vs. Worker’s Compensation

The main difference between personal injury and worker’s compensation claim are  “fault requirements” and “types of compensation available”.

a) Fault Requirements:
The personal injury claim is based on fault but the worker’s compensation is not.

b) Types of Compensation Available:
The personal injury damages are compensatory, means you’re ” entitled to recover all the damages” you have suffered. Damages include medical expenses, lost wages, loss of future earning capacity, permanent impairment, loss of enjoyment and damages for pain and suffering resulting from the injury.

The worker’s compensation on the other hand, you will not be entitled for pain and suffering benefits but entitled with these benefits: Weekly compensation, payment of medical bills, vocational rehabilitation, and permanent impairment benefits.

II. Personal Injury Claim

Anyone who’s injured due to neglectfulness of another is qualified to file a personal injury lawsuit. However, they must be able to prove that another party or entity acted negligently and this negligent behavior resulted to your injury. In order to win one of this cases, you should be able to show that the injuries were caused by the third party at fault. Here are some instances where personal injury claims are applicable:
a) Injury due to defective product, this would allow for a claim against the manufacturer company
b) Injury due to involvement of toxic or illegal substance
c) Injury caused by negligence of third party whom do not work for the company
d) Injury caused by employer’s intentional conduct that’s likely to cause serious harm
e) Injury due to employer failed to carry workers comp insurance

 

III. Worker’s Compensation Claim

Anyone who’s injured or became ill while doing the work is qualified to worker’s compensation. Worker’c compensation claim has nothing to do with fault and does not require you to proved that your co-worker did anything wrong for your to receive the worker’s compensation benefits. You’re still entitled even if the injury is due to your negligence. The damages are limited to those that are available in personal injury claim and cannot sue the employer or co-workers for additional damages such as pain and suffering.

 

We hope that these comparison give you valuable information on personal injury and worker’s compensation comparison. If you need further help please contact us and we will ensure to give you our support for personal injury lawyer or workers’ compensation lawyer.

 

References:
https://en.wikipedia.org/wiki/Personal_injury_lawyer
https://en.wikipedia.org/wiki/Personal_injury
https://en.wikipedia.org/wiki/Workers_compensation

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