The Difference Between Personal Injury & Worker’s Comp
It’s not uncommon for personal injury cases and worker’s compensation cases to be confused. Sometimes worker’s comp cases are even referred to as a type of personal injury case even though that is not the case. In fact, they are two different types of cases but it can sometimes be difficult to tell the difference between the two.
The reason these two types of cases are often confused is that personal injury cases can happen during work hours. A slip and fall incident at work, for instance, could be either a personal injury case or a worker’s comp case. There are several factors that come into play when determining what kind of case it is. Here are the main factors:
Determining Fault
For a personal injury case, there needs to be negligence or some form of fault. Someone would need to be at fault for it to be considered a personal injury case. As for worker’s compensation cases, an individual could receive benefits from worker’s comp to cover an injury even if the employer wasn’t at fault.
Damages & Claims
Unlike personal injury cases, worker’s comp doesn’t cover pain and suffering. With a personal injury claim, you may be entitled to additional forms of damages including pain and suffering.
The payout on claims usually differs as well. For worker’s comp, you will likely receive a percentage of your salary while being absent from work due to injury and damages paid out to cover medical costs will usually come in weekly or periodic payouts. In contrast, personal injury claims can often be paid out in lump sums.
Lawsuits
If you’ve been injured at work and have filed a personal injury claim, you are able to file a lawsuit should you find any initial settlement offers unfair or unacceptable. With a worker’s comp case, if you’ve already filed for worker’s comp or are already receiving worker’s comp benefits then you would no longer have the right to file a lawsuit against your employer.
In the majority of cases that involve an injury at work, it will come down to liability. Depending on who is liable for the injury you would either want to make a personal injury claim or a worker’s comp claim.
Need Assistance with Your Personal Injury Case in New Port Richey, Florida?
If you’ve been involved in an accident at work and aren’t sure whether to file a personal injury claim or a claim for worker’s comp, feel free to reach out to us for expert assistance. Get experienced personal injury help for your case.
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