Workers Comp vs. Personal Injury Compensation Lawsuits: 5 Differences
The difference between personal injury and workers’ compensation claim may be difficult to tell as some people classify one for the other whereas they are technically not the same.
Workers’ compensation is a mandatory insurance indemnification that employees receive from their employees in case of an accident during work. On the other hand, personal injury compensation is a legal payment that is made when an individual is injured or has an accident yet it’s another person who is responsible for the loss incurred.
Private industry employers reported about 2.9 million nonfatal work-related injuries and complaints in 2016.
When you get injured while at work you could file for a personal injury compensation claim or a worker’s compensation claim depending on factors that led to the injury. They both have different procedures that must be followed and payments available.
Do you know the differences between a personal injury compensation suit and a worker’s comp lawsuit? Learn all about them here.
1. Fault
Workers’ compensation claim provides money and medical benefits to workers when they are hurt or fall sick during employment duties. In case of death of an employee, the workers’ compensation offers benefits to the dependents of the worker killed on duty. It does not matter who was at fault.
Whereas the personal injury lawsuit is formalized through a civil court to determine whose fault it was for the accident or injury. In this case, the victim must prove that the defendant is guilty of negligence that led to the accident.
2. Damages
In a worker’s compensation claim, the value of benefits is based on your average salary. You are entitled to receiving both permanent impairments and medical bills. Vocational rehabilitation to enable you to get back to work is also covered on this compensation claim.
In a personal injury claim, the damages are based on the gravity of the harm. This will include compensation for medical bills, lost wages, as well as treatment expenditures already incurred or are yet to be incurred.
Additional compensation on personal injury is of pain and suffering damages. This is not available in the workers’ compensation claim. In extreme cases, victims in the personal injury claim may receive punitive damages as punishment to the defendant and discourage future wrongdoing.
Punitive damages are not available in the workers’ compensation claims.
3. Ability to Sue
As the workers’ compensation insurance covers for damages incurred by the victim, it may be difficult to sue the employer.
In the personal injury claim, the victim can sue the employer as long as they can provide evidence of direct involvement or responsibility for the accident.
4. Pursuing the Claim
In personal injury compensation, the victim’s lawyer brings a claim through the defendants’ insurance company. The attorney for a personal injury case will negotiate for a fair settlement or file a lawsuit on behalf of their client.
Whereas in the workers’ compensation, the victim files for claim through the employer’s workers’ compensation insurance company.
5. Financial Obligation
In the workers’ compensation case, benefits are paid by the employer’s insurance company. In the personal injury claim, damages are covered by the business insurance policy or the defendant may personally pay for the damages.
Know When to File for Personal Injury Compensation and Workers’ Compensation
When injured at work, consider legal remedies. Determine who is liable for your injury – if it directly occurred during a work assignment, it’s a recurring accident or a one-off accident.
This action will help you determine whether to go for personal injury compensation or the workers’ compensation claim.
Why People Use Personal Injury Attorneys
The effects of personal injury can vary and while some people only suffer minimal issues following this type of incident, others can face life-changing problems. For those who have suffered personal injury, there are steps that can be taken in order to ensure justice is done and one of these is to take legal action.
In order to take legal action for personal injury, it is important to find a good, experienced personal injury lawyer. People turn to personal injury attorneys for all sorts of reasons when they have fallen victim to an accident or injury that was not their fault. With the right attorney fighting your corner, you can look forward to a range of benefits. In this article, we will look at some of the key reasons why people turn to these legal professionals and how they can help with your personal injury case.
What You Can Expect
So, what can you expect from an experienced personal injury lawyer and how can they help with your case? Well, one of the key benefits of having one of these professionals onside is that it can boost your chances of a successful claim considerably. A specialist personal injury lawyer will know exactly what needs to be done in order to put together a watertight, solid case. This, in turn, will help to increase your chances of not only making a successful claim but also receiving the maximum level of compensation based on the nature of the incident.
Another thing to bear in mind is that a good lawyer will be able to speed up the processing and conclusion of your case, so you won’t be left hanging around for long periods of time. If the case goes to court, it can often be dragged out for long periods of time. However, a specialist lawyer will have the resources, expertise, and skill to ensure it is dealt with as promptly as possible. This includes knowing exactly what supporting evidence to get in order to help speed things up for you.
One of the other key benefits of using a professional personal injury attorney to deal with your case is that it helps to reduce the stress levels you experience. Being a victim of this type of incident can be stressful enough, particularly if it has impacted on your work, finances, health, and overall quality of life. When you have a specialist attorney fighting your corner, you will find it far less stressful to file your claim, as your lawyer will have everything in hand and will be doing all the legwork for you.
Find the Right Lawyer
Of course, in order to enjoy these benefits, it is important to find the right lawyer to deal with your case. You should look for a professional with plenty of experience in dealing with personal injury cases, especially in terms of cases that are very similar to yours. This can help to further boost your chances of success, as the lawyer will already have relevant experience and expertise.
4 Questions to Ask a Potential Personal Injury Lawyer Before Hiring Them
Whether you’ve been involved in a car accident, have a claim for medical malpractice or have been injured at work, the services of a good lawyer can help you get the compensation that you deserve. When it comes to personal injury claims of any kind, it’s uncommon for people to represent themselves and win their case, unless you have legal experience and know-how. So, how do you go about choosing the right lawyer for your situation? Recommendations from family and friends can be a great way to get started, but it’s important that you find a lawyer who’s the right fit for you. Asking these important questions before deciding can help.
#1. Current Case Load:
Whilst your lawyer is handling your case, it’s crucial that you’re aware that they’ll likely also be handling other cases at the same time. As a result, they may often be limited when it comes to the amount of time that they have available to dedicate fighting your case. It’s a good idea to ask your potential lawyer how many cases they expect to be handling at the same time as yours and how this compares to their average caseload at any given time. Ask them how much time they expect to have both dedicated to your case and for one on one contact time with yourself.
#2. Previous Experience:
No good lawyer will withhold information about their previous experience when you ask them. If you’re expecting to spend the next few weeks or months fighting a personal injury case in court, you’ll want to have somebody by your side who is experienced in their field, like Smiley Injury Law. Before you decide on the right lawyer for you, it’s a wise idea to ask them questions about their past experience; ask about how many personal injury claims they have fought and won in the past, along with any qualifications and other relevant experience that they may have.
#3. Fees and Expenses:
Before you take a lawyer on board, it’s essential to have a thorough understanding of the fees and expenses that they charge beforehand. Many personal injury lawyers will work on a contingency basis when it comes to client claims; this means that if your case is lost, you will not have any fees to pay – although bear in mind that you may be expected to cover court costs and other associated fees, so it’s important to get as much information on this before you choose your lawyer.
#4. Possible Alternatives:
Depending on the type of personal injury case that you are involved in, your lawyer may be able to suggest possible alternatives to going to court. For example, if the other party has already admitted fault, they may be willing to provide you with an out-of-court settlement, which is often a preferred alternative compared to attending court for weeks. Mediation may also be a good alternative to consider if the other party is willing to do so. This is often much less formal and more conversational than attending court, with both parties talking to come to a conclusion that works well for everyone.
Choosing the right lawyer is essential to getting the outcome that you want from your personal injury case.
How to Choose a Tulsa Personal Injury Lawyer
If you suffered a personal injury whether it’s physical or mental you might want to consider hiring a personal injury lawyer. Maybe even a Tulsa attorney. Personal injuries can be devastating and getting retribution for the injuries can help your healing process.
Here are some things you can do to help you choose the best personal injury lawyer for your situation.
Look Around
After you’ve been injured you need to shop around for a good personal injury lawyer. Talk to friends and family while also searching the internet and reading reviews about different attorneys in your area.
Get Specific
Now it’s time to get specific. What does this mean? It means you need to look at lawyers who handle personal injury lawsuits on a regular basis. Personal injury cases are very complex and quite tricky so you need someone who really knows how to handle these types of cases.
Do Background Checks
When you have your short list of let’s say three personal injury lawyers you feel might work well for you, then you should check their background. You’ll want to find out if they’ve had any disciplinary actions filed against them.
Book a Consultation
After you’ve finished looking into the lawyer’s background it’s time to set up consultations. Meet with each potential lawyer and feel them out. This is where your instincts will come in handy. Make sure you have a list of questions ready to ask them. Such as how long have they been practicing and about how many personal injury cases have they handled. Also, what is their track record with those cases? If the attorney isn’t willing to divulge this information consider that a red flag and move on.
Make The Choice
After you’ve finished your consultation you’re ready to make your choice. Trust your instincts and go with the lawyer you feel most comfortable with.
The role of accident victims in building a strong case for personal injury compensation claim
Regardless of the circumstances of car accidents that lead to personal injury claims, you must establish two aspects very clearly, the liability or who is responsible for the accident and the damages underwent. The law is clear that if you can prove that the other party was at fault that caused the accident and resulted in damages including injuries, then it makes a good case for claiming compensation for all damages including injuries, loss of pay and damage to property. Unless you can establish that the other party or defendant is liable for the accident and the damages and sufferings undergone, it does not make a case for seeking compensation. Only when you find the best Richmond, VA personal injury attorneys to take up your case that you can rest assured of a favorable outcome.
However, you must know your role well regarding what you must do after the accident so that all information necessary to build a strong case is readily available.
Note everything that happened
For filing a personal injury claim, you must gather extensive information from the accident site about the injury and its impact on your life. Since remembering everything is not possible, it is better to note down every detail about the occurrence like how the accident happened, the nature and extent of injuries and its effects on your life and livelihood. Do not miss anything that you feel can have an impact on your personal injury claim. If necessary, revisit the site to reconstruct the case.
Gather evidence
In addition to lodging a claim, you must prove to the insurance company whatever had happened by gathering evidence for substantiating your point. Witnesses are very important to strengthen your claim for personal injury compensation, and you must work actively after the accident to gather and preserve all evidence that point to the facts stated by you. Go back to the accident site and take photographs of the spot of accident and its surroundings that you feel worthwhile to establish your facts more convincingly. You might even find some people who could be ready to provide a witness to tell how the accident happened and its effects. Lastly, you must gather some physical evidence that makes it easier to explain things instead of only talking about it.
Document your injuries
Not only evidence about the physical damages but also those related to the injuries is equally important to demonstrate the nature and extent of health damage. Once again you must take photographs of the bruises, cuts, swellings and other affected body parts and go to a doctor for primary medical care who would record everything. The medical report becomes a critical document that you must obtain additional copies, at least two because it could have many other uses too. The medical record is the only document that helps to establish that the injuries resulted from the accident and did not exist earlier.
You must discharge your responsibilities well after the accident so that the lawyer has enough ammunition to build a strong case that fetches the compensation you deserve.
California Personal Injury Damages
In the state of California, when a person suffers a personal injury, they are legally entitled to file a claim for damages. Generally speaking, there are a number of damages for which you can claim compensation. There are different personal injury cases that allow injured plaintiffs to collect certain types of damages.
Types of Personal Injury Claims
Personal injury claims can be divided into different categories. A person can suffer injuries as a result of an intentional act, negligence and strict liability. It’s important to understand each of these to determine the damages available to be claimed:
Intentional Torts: An intentional tort results in a personal injury that was inflicted on the victim deliberately or willfully. However, a person can also be found liable if they were willfully ignorant in their actions that led to the plaintiff’s personal injury.
Negligent Torts: The majority of personal injury claims are based on the theory of negligence. If the individual who caused an injury to another person owed them a duty of care and breached that duty, they can be found liable for the injury. The most common example of negligence in a personal injury case is a car accident in which a driver was distracted or driving recklessly, not following the rules of the road or the laws, and their actions caused an injury to another person.
Strict Liability: Strict liability is a type of personal injury case that results in a plaintiff suffering injuries while the at-fault party did not intentionally or negligently cause harm. Product liability cases are the most common examples of this type of personal injury claim.
Types of Personal Injury Damages
Special Damages
Personal injury claims allow for special damages for economic hardships suffered after an accident. These damages are meant to compensate the individual for money they lost due to being unable to work. They can also be used to compensate the person for medical bills and any future medical expenses. Additionally, special damages can even compensate for important daily expenses such as rent, mortgage, utilities, landscaping and more.
General Damages
General damages are those that compensate an injured person for any non-economic damages. For example, if a person has been permanently injured or disabled as a result of an accident, they can claim general damages for pain and suffering and mental anguish. It’s even possible to claim this type of compensation when the individual has lost a loved one as a result of the accident.
However, it’s important to note that it can be complex determining the value of general damages. For that reason, it’s wise to retain an experienced personal injury attorney who can accurately assess the damages suffered.
Wrongful Death Damages
Wrongful death damages can be claimed to compensate the loved ones of a person whose death was caused by an intentional or negligent act. The damages are awarded to pay for funeral and burial expenses, medical expenses that existed prior to the person’s death, financial hardship and emotional damages. The romantic partner of the deceased can also claim additional damages in a wrongful death suit.
Punitive Damages
Punitive damages are in a different category altogether, but can be claimed by an injured victim, if the court determines that the defendant’s behavior was especially bad. These damages are essentially awarded to a victim to make them whole again after they have suffered harm. In most cases, large businesses, particularly corporations, are ordered to pay punitive damages.
Laws Pertaining to California
There are certain laws in place in California that may affect a personal injury claim. They include the following:
Shared Fault: California is a state that has shared fault laws. This means if the plaintiff is found to be partly at fault for their injuries, they would receive a reduced amount of compensation than what they originally sought. For instance, if a car accident occurred when the defendant ran a red light but the plaintiff was traveling above the speed limit, the plaintiff might be found 10 percent at fault. If they were seeking $10,000 in compensation, that would be reduced to $9,000 as a result.
Injury Damage Limits: If a person was injured in a car accident but had no insurance, they are not eligible to sue for non-economic damages, even if the other person was at fault for the accident. On the flip side, if the plaintiff lacked insurance and the defendant was driving under the influence, the plaintiff can recover damages.
Dog Bites: In dog bite cases, California law states that the owner is strictly liable whether or not they knew their pet had a tendency to attack or bite a person. As a result, an injured person can receive compensation for their injuries.
If you have suffered injuries that were no fault of your own, you need an attorney to assist you in starting a personal injury claim. Discuss your case with a lawyer immediately.
What are the Most Common Personal Injury Claims in the US?
Did you know that of the many reasons to visit an attorney, a personal injury claim is one of the most common? A personal injury can happen to anyone at any time, and the results can be extremely difficult for you to cope with. Explained as an injury that is caused by someone else’s negligence, it can go on to result in physical and/or mental injury that can last weeks, months, years, and even longer. This is exactly why victims of personal injury file claims and go after compensation, to cover medical bills, loss wages, and personal suffering.
So, what are the most common personal injury claims here in the US? Well there are a few that sit at the top of the list, and again these are injuries that know no bounds and can happen to anyone at any time, no matter how careful you may be.
Vehicle and Transportation Accidents
This first one likely comes as no surprise, as statistics show that 2.35 million people are injured or disabled due to a car accident each and every year in the United States. On top of that an additional 37,000 people die in road crashes each and every year. These are some rather grim statistics, and unfortunately show just how common a motor vehicle accident is.
Now, it’s also important to point out that not all accidents are necessarily serious. Even if you sustain just minor injuries that you recover from in a few weeks, the point is that there may still be reason to file a personal injury claim. If you require compensation, then a claim is necessary.
Injuries Caused in the Workplace
Another common personal injury claim here in the US relates to injuries sustained in the workplace. While these are more common in factory type jobs, injuries can happen anywhere, even in an office-type of setting. Remember, the injury must be sustained due to a person’s negligence, so this would be negligence on behalf of the employer.
Slip and Fall Accidents
Here’s another personal injury that attorneys are used to seeing – slip and falls due to a homeowner or business’s negligence. As discussed by a Colorado Springs Injury Attorney at Greenlaw Firm, these too can happen any time. For someone else to be at fault you need to be able to prove there were dangerous conditions that should have been remedied.
Dog Bites
Then we have dog bites, which can cause very serious injuries to a person that require quite a bit of recovery time and medical attention. According to the Center for Disease Control (CDC) in the United States, there are around 4.7 million dog bites each year, and of those, around 800,000 require medical care. This means about one in every 69 people here in the US will sustain a dog bite at some point or another.
A Small Look at the Claims
This is just a quick look at some of the most common personal injury claims here in the country, but by no means is this a complete list. Personal injuries due to another person’s negligence are more common than you may think.
The Steps to Take if You Are Injured by an Impaired Driver
None of us wants to find ourselves in a car accident. Whether as a driver, passenger or pedestrian, car crashes can be terrifying experiences. It is because of the potential severity of these crashes that drivers are required to be licensed and to follow certain rules of the road.
One of the most important of these rules and regulations is the requirement to not drive while drunk, intoxicated or otherwise impaired. When drivers overlook this very important rule, they are putting themselves and others in harm’s way.
If you are injured in a car accident by someone who has been drinking, there are certain steps you can take after the event to ensure that you are compensated and justice is served.
Call the Police
The first thing you need to do if you are hit by a drunk driver is to call the police. Notifying them will generate a record of the incident, which will help when you are claiming insurance or compensation. Not calling the police doesn’t just let a drink driver off the hook, it will also deprive you of vital evidence going forward.
Even if you aren’t seriously injured and are able to walk away from the incident, you should still make sure that you let the police know.
Cooperate with the Police
After you make a report to the police, they will then need to conduct an investigation. As part of this process, they will need to interview you about the accident and gather as many details as possible. Accidents are often stressful and it can be traumatic reliving them again. However, it is important that you do your best to give investigators the details they need.
Make sure that when you are giving your account to the police, you don’t embellish or exaggerate your story. Stick to the facts and let them speak for themselves. If things are as simple as the driver was drunk and you have been injured, that’s more than enough for you to report it and seek compensation. There’s no need to make things seem more dramatic than they are.
Seek Medical Treatment
Even if you feel physically fine, you should still get checked out by a doctor. In car crashes where you experience a sudden deceleration, you can give yourself internal bleeding. This can be symptomless until you eventually suffer the ill effects of blood loss.
It’s also normal for a car accident to have a negative impact on someone’s emotional health. If you feel more stressed and upset than usual following a car crash, make sure you tell your doctor.
Seek Compensation
Whenever you are injured due to someone else’s actions, there is usually a good case for compensation. You will need to speak to a personal injury lawyer, preferably one that specializes in the type of injury you have suffered. For example, if you need a Jersey City law firm, Greenberg, Walden & Grossman are the perfect choice to handle your case.
None of us wants to have to experience the trauma of a car accident. However, it is something that could happen to any one of us and so it is important that we know how to deal with it ahead of time.
What Constitutes a Personal Injury Claim? Everything You Need to Know
In law, personal injury describes any harm a person experiences resulting from another person’s negligent or wrongful behavior.
I’m sure you’ve seen the commercials or billboards for personal injury attorneys at some point. But what actually constitutes a personal injury case?
Personal injury law permits victims of personal injury to be compensated for injuries, expenses, and losses by the person or party who is responsible. A personal injury claim is, in essence, a negligence claim in which the accused is said to have failed in his or her ‘duty’ to exercise reasonable care.
“Most personal injury cases are governed by the law of negligence, which dictates the level of reasonable care that is owed from one person to another in a given situation, and the kinds of conduct that would amount to a breach of that legal duty, leading to liability for any resulting injury,” further explains an attorney at Mesriani Law Group.
Vehicle accidents, defective product claims, pedestrian accidents, medical malpractice, and slip and fall accidents are among the most common personal injury claims. Car accidents account for the most personal injury claims and include personal injury between cars, but also cyclists and pedestrians.
Though negligence is often the cause, weather can also be a factor. Slip and fall personal injury claims may be a result of negligence on the part of a property owner. An injury caused by a defective product that was being used as intended can also result in a personal injury claim. Medical malpractice, while often controversial, is injury which occurs in a medical setting. In medical malpractice cases, the injured party must prove the doctor or personnel did not provide competent medical services and caused the injury.
Assault as well as Intentional Infliction of Emotional Distress (IIED) are not a result of negligence, but rather, are intentional, and can qualify as a personal injury claim though most often they are classified as criminal cases. Though not an inclusive list, this should provide an ample understanding of what provides a personal injury claim.
Personal injury claims are based in three concepts – negligence, strict liability, and intentional wrongs.
Negligence results from carelessness or the inability to refrain from dangerous or harmful behavior. In negligence cases, the injured must establish negligence on the part of the accused person or party.
Strict liability holds designers as well as manufacturers liable for injuries incurred as a result of defective products. Strict liability differs from negligence in that the injured is not required to show negligence but rather to demonstrate the product was designed in subpar fashion making it dangerous when used for its intended purpose.
Intentional wrongdoing or intentional wrongs can also become personal injury claims, though they are not as common as negligence and strict liability. Intentional wrongs occur when one individual hits or pushes another, even in jest, and the person is injured. The injured party may be able to file a personal injury claim as a result of the injury incurred.
Personal injury, while often thought of as physical harm, also includes injuries which cause damage to an individual’s quality of life. For example, legally personal injury could occur if a colleague provided false information regarding another colleague’s qualifications damaging his or her opportunities for advancement or a new position, thus impacting income and quality of life.
When in doubt regarding personal injury and resultant claims, it is imperative for the injured party to contact an experience, well-qualified personal injury attorney to determine a positive course of action going forward.
What to look for in a great personal injury lawyer?
Were you in an accident? Have you suffered multiple injuries? Are you missing work and losing money? It is understandable that all you want right now is to feel better and get back on your feet, but what you need right now is an excellent personal injury lawyer. It is not difficult to find one.
Personal injury law in New York State can be more than a little complicated for the novice person. Getting the compensation you deserve from the liable party and filing the claim with your insurance provider can be challenging. It is a tedious process unless you have a local attorney firm in Buffalo, New York, helping you with the paperwork.
Before proceeding any further, you should find an exclusive personal injury lawyer. Here’s what you need to do to find one –
Look for an attorney who takes cases to trial when necessary
Many attorneys believe in settling matters outside the court only. If you do that, you might lose out on considerable money. You might not even receive the sum your physical injuries, and emotional trauma deserves. Check with the firm if they have a history of taking cases to trial instead of settling for a pittance.
Find lawyers with a history of successful personal injury cases
You should only work with winners. In court, a confident attorney can determine which direction your case will proceed. It is imperative to know that your lawyers will get the best possible settlement or verdict for you. Get top rated Buffalo personal injury attorneys at the O’Brien and Ford Law Firm, with a proven history of winning personal injury lawsuits.
Check the attorney’s credentials and memberships
Every registered attorney should be a member of the national and state bar associations. Furthermore, they should be parts of other prestigious groups. You might find advertisements of accident lawyers and personal injury attorneys on billboards near the highway, but there is no guarantee that the person behind the advert actually has the credentials he or she claims to have. Therefore, dig deep and visit online forums to confirm the qualifications, certifications, and memberships of the attorney you plan to hire.
Only select attorneys, who specialize in personal injury law
Law has several categories. A good lawyer does not have expertise in every field. When you have a potential personal injury lawsuit in hand, you should only look at attorneys with extensive experience in the field of personal injury. Since a person is least likely to see a gynecologist with a headache, it makes little sense to visit a divorce lawyer with a personal injury case. Some attorneys also have a list of clientele you can check online or speak to, to learn more about his or her claimed services.
While these tips should help you find an excellent personal injury attorney, you should not neglect their online reviews. The client reviews can help you find out more than you can from personal interviews with each legal professional.
