You were injured on the job. How will you pay your bills? What about medical expenses? What type of legal action should you pursue? The most important thing to keep in mind is that there is a difference between a workers’ compensation case and a personal injury case, and in the type of benefits that you have a right to reap.
In a workers’ compensation case, it is not required to establish fault on the part of the employer. If it is a personal injury claim, then an employer’s negligence must be established.
The key differences between a workers’ compensation case and personal injury are that the former limits the type of benefits you receive. In a workers’ compensation case, you are only able to receive weekly compensation and reimbursement for medical bills, as well as permanent impairment benefits. You are not entitled to compensation for pain and suffering. However, a personal injury case allows the plaintiff to be awarded funds for any pain and suffering linked to the event where the injury occurred.
Can you sue?
You’ve probably thought about suing your employer, but generally speaking, this is not allowed. There are exceptions to this rule. Being injured by a faulty product or toxic substance grants you the right to sue your employer. If the injury was caused at least in part because of your employer’s intentional conduct, you can file a personal injury case. Does your employer lack workers’ compensation insurance? Did a third party cause your injury? Your attorney can file a civil case in these instances.
To help figure out which option is right for you, please contact us.