When people are injured at work, they might wonder whether it would be better to file a workers’ compensation claim or a personal injury claim—maybe both. However, there are a few fundamental differences between the two.
Personal Injury Claims
In a personal injury case, a claimant must always be able to establish fault. For example, if you are injured in a slip and fall accident at a grocery store, you must be able to prove the owner or employees knew of the hazard and deliberately ignored the problem. Accidents happen often, but you can’t file a personal injury claim against someone else unless their negligence or carelessness contributed to your injury. Successful claims can also lead to compensation for medical bills, lost wages, pain and suffering, future medical expenses, and loss of enjoyment of life.
Workers’ Comp Claims
All employees are entitled to file workers’ comp claims, with few exceptions. There is no need to establish fault in a workers’ comp claim; instead, you must prove your injury was sustained on the job. Likewise, if your claim is approved, you are entitled to be compensated for missed work, permanent impairment, medical bills, and vocational rehabilitation. No matter how traumatic an injury might be, you would not be entitled to recover pain and suffering or loss of enjoyment of life damages. Workers’ comp insurance protects employers from potential lawsuits by providing faster compensation than a personal injury lawsuit. If you are injured at work, you may not be able to sue your employer for damages, especially if you file a workers’ comp claim first.
If you need help with your workplace injury situation, talk to one of our skilled Orange County workers’ compensation attorneys today. Humphrey & Associates has more than 20 years of legal experience to offer your case. Let us see what we can do to help you recover from your injury.
Contact us at (844) 612-5800 or fill out our online form to schedule a free case consultation today.