If you’ve ever had your ability to work limited due to an injury, then you know how difficult it can be to support yourself without your regular source of income. For someone who requires help and compensation to cover expenses resulting from injury, there are two typical paths to take: Workers’ comp and a personal injury claim.
Despite what you might think, however, workers’ comp claims and personal injury claims are actually very different, each having their own eligibility requirements and available damages. If you’re looking for some sort of compensation after an injury, it can be helpful to examine the differences between these two separate claim types.
Here are a few of the major differences between personal injury suits and workers’ comp, as well as tips for hiring a workers’ compensation lawyer.
How Fault is Involved
The primary difference between workers’ comp benefits and compensation resulting from a personal injury claim is a matter of fault. In workers’ compensation cases, you don’t have to prove who caused your injury to receive benefits. All that matters is that you were injured during the course of your regular work duties.
As far as personal injury claims go, fault is the deciding factor of whether or not you will receive compensation. When you file a personal injury claim, you will have to prove beyond a shadow of a doubt that your injury was avoidable and that it was the direct result of the actions, or lack thereof, of another.
Examine the Different Damages
Another difference between personal injury suits and workers’ comp claims is the amount of compensation available to you. Personal injury suits generally have a much higher compensation threshold, as you are able to sue for additional damages for mental pain and anguish stemming from your injury.
In stark contrast, workers’ compensation benefits have a set amount that you can receive that is determined by the extent of your injury and how long you will be out of work or if you’re ever able to return to work at all. Due to the nature of workers’ comp, you will not be able to seek further damages once you begin to receive your benefits.
Limited Legal Options After a Work Injury
Lastly, it’s important that you understand the legal differences between workers’ comp claims and personal injury claims. Where personal injury claims are a type of lawsuit meant to help you receive compensation following an unjust accident, workers’ comp is a set of laws that serve as a sort of safety net for injured employees.
If your job is covered by workers’ compensation laws (and most are), you effectively give up your right to sue your employer for damages after an injury—the only exception being interstate road workers and boat crew. The benefit, however, to workers’ comp is that you can often receive benefits in perpetuity if your injury prevents you from returning to work.
Hire a Workers’ Compensation Lawyer
Unfortunately, some workers who deserve workers’ comp benefits struggle to get their due compensation, usually because of an unscrupulous employer. If you’re struggling to get the benefits that you need and deserve, you should partner with a workers’ compensation lawyer from Mitch Grissim & Associates.
Fighting for your benefits with the Mitch Grissim team on your side means getting the compensation you need to support you and your family following your on the job injury. Get in touch with us today to find out how we can get you your workers’ comp benefits.