How Does Workers' Compensation Differ From A Personal Injury Case?
If you were injured at work, you might worry if you will receive the compensation you deserve. You might also wonder if you should file a workers' comp case or a personal injury lawsuit.
The truth is that these two types of cases are quite different. This is what you need to know about the two types of cases.
You Don't Have to Prove Fault
If you pursue a workers' compensation case, you do not necessarily have to prove that another party was at fault in the same way you would with a personal injury case. Personal injury cases come with a stronger burden on the plaintiff (you).
The Entire Process Is Different
One thing you need to know is that the process for pursuing either type of case is completely different. For instance, a workers' compensation case is one that goes to a special board that will determine your case. This is different from a personal injury case, which involves going to court or coming up with a settlement after negotiations. This may involve going before a judge or jury.
With this in mind, you should also consider the fact that a workers' comp case usually receives a quicker result. Sometimes this can be a matter of a few months. If you have a personal injury case, you may be spending months or even years waiting for answers.
The Location of the Injury Matters
One of the biggest issues people experience is that they do not understand what kinds of injuries qualify as either workers' compensation or a personal injury. For a workers' compensation case, you must have been injured at work or on the job in some capacity. A personal injury case can occur anywhere, like at a grocery store or in an auto accident. Anybody could be the defendant in a case like that.
The Types of Damages Differ
The types of financial damages you can recover also varies. For example, you can recover things like pain and suffering when you pursue a personal injury case. This is not necessarily the case with workers' compensation, which covers economic losses like lost wages and medical bills.
Call a Workers' Compensation Lawyer
If you are unsure if you have a workers' compensation case or a personal injury case, you need to consult with an attorney. A workers' compensation lawyer will help you determine what kind of case you have and what you can do about it.