Individuals who become injured while on the job often are left feeling anxious and unsure about their future. Victims may sometimes wonder whether they will be able to pursue a personal injury claim or file for workers' compensation benefits. Understanding how each works and when one may apply over the other can help victims make informed decisions during a challenging time.
Understanding Workers’ Compensation
Workers’ compensation is a system designed to provide benefits to employees who have suffered injuries while at work.
What Workers’ Compensation Usually Covers
Victims who suffer injuries while at work may be provided with the following benefits.
- Medical expenses related to your injury
- Partial wage replacement during recovery
- Disability benefits (temporary or permanent)
- Rehabilitation services, if needed
Restrictions of Workers’ Compensation
The following is a list of limitations that may apply to workers' compensation.
- It usually does not cover pain and suffering
- Compensation amounts are often limited by state guidelines
- You typically cannot sue your employer directly for negligence
Understanding Personal Injury Claims
A personal injury claim is often filed against individuals who showcase signs of negligence or misconduct that ultimately caused injuries. Personal injury claims are different from workers' compensation claims as they often require evidence portraying that another party was at fault.
What Personal Injury Claims May Include
A personal injury claim may include providing recovery for:
- Medical expenses (past and future)
- Lost income and reduced earning capacity
- Pain and suffering
- Emotional distress
Victims should understand the importance of preserving the necessary evidence and documentation to help their personal injury claim in the future.
When Workers’ Compensation Is the Only Option
The following are instances where workers' compensation may be the primary option.
- Individuals who suffer injuries from a slip and fall accident at work due to a wet floor
- Individuals who develop a repetitive stress injury from conducting job duties
- Indiivduals that become injured while using equipment provided by their employer
When a Personal Injury Claim May Apply
A personal injury claim may apply for reasons including the following.
Third-Party Liability
If someone other than your employer contributed to your injury, you may have a separate personal injury claim. Examples of this may include the following.
- A delivery driver is injured in a crash caused by another motorist
- A construction worker is harmed by defective equipment
- A contractor is injured due to unsafe conditions created by a property owner
Can You File Both Claims?
Oftentimes in third-party liability cases, victims can pursue both a workers' compensation claim and a personal injury claim. Speaking to an attorney may help victims understand if they can file both claims after suffering injuries from a workplace accident.
Factors That May Influence Your Decision
Understanding the difference between a personal injury claim and a workers’ compensation claim is crucial to making sure you take the necessary steps to work toward recovery. The following are significant factors to consider that may ultimately influence your overall decision between choosing the best option after suffering injuries from a workplace accident.
- Cause of the injury
- The severity of the injury
- The available evidence and records
- State laws
Understanding these factors can help victims choose the best route for their case.
Steps to Take After a Workplace Injury
Victims who have suffered injuries from a workplace accident should consider taking the following safety precautions to work towards recovery and protect their overall health.
- Seek Medical Attention
- Report the Incident
- Gather Information
- Keep Records and Important Documents
Seeking medical treatment and evaluation is crucial even when injuries seem minor, as injuries left untreated may worsen or become chronic health concerns over time.
How Legal Guidance May Help
Victims who have suffered injuries from a workplace accident should understand the difference between personal injury claims and workers' compensation claims. These cases can pose additional challenges to victims and their families going through an already difficult time. Those who have suffered injuries should seek the support of a legal professional to provide an understanding of the legal process, as well as help victims become aware of their rights within their case. An attorney can also help individuals understand filing deadlines, speak to insurance companies, determine potentially liable parties, and gather evidence to support their claim.
How KAASS LAW May Assist
The experienced personal injury team at KAASS LAW understands the challenges victims may face when dealing with injuries from a work accident. Oftentimes, victims may be unaware of applicable laws that may pertain to their case and the necessary steps they may need to take to proceed. The legal team at KAASS LAW will work with clients to better help them understand the difference between a personal injury and a workers' compensation claim. If you have suffered injuries from a workplace accident, you are not alone. Contact the personal injury attorneys of KAASS LAW today to learn more about your case moving forward.