Workers Comp vs. Personal Injury? Which are your supposed to File

It is a common argument that the modern society has become highly litigious. However, the counter argument holds that the ordinary individual in today’s society has more access to information which makes it easier for them to file lawsuits in order to get justice. Many forms of civil cases in the court system today emanate from the workplace. The modern worker knows they have a legal recourse in case of injury at the work place hence the increase in such cases. 

There is a major question however when a worker suffers an injury at the workplace.  Do you file a workers comp lawsuit or a personal injury claim?  While these cases are similar in many ways, you need to appreciate what workers compensation is all about in order to make an informed decision. If you have suffered an injury at your place of work, it is important to understand what type of case you can file. It is true you will be using an attorney but it helps when you have such details at your fingertips.

Which Case Requires a Fault Needed  

The distinguishing feature of a workers compensation case is the fact that no fault is required.  As long as the injury occurs ta the place of work or in work related duties then you can file a claim. Any employee injured in such situations is entitled to compensation. This means your attorney does not have to prove the other person was negligent as in the case of a personal injury claim.

If you slip and fall at a restaurant and you suffer an injury, this does not mean you are entitled to compensation. This is because the owner of the restaurant might not have been negligent. One the other hand a slip and fall at your workplace is a different case altogether. You don’t need to prove that the employer or other employee was negligent in order to receive worker’s compensation benefits.

Damages in Workers Comp vs. Personal Injury    

In a workers comp case, you are not entitled to pain and suffering damages unlike in a personal injury claim. For personal injury claims, you can recover all types of damages suffered ranging from emotional suffering, medical bills, loss of wages, loss of consortium among others. 

The area of workers compensation law is very complex and the services of an attorney comes in handy. These legal experts understand all the aspects of the law including statutes of limitation among others.  If you or a loved one has suffered an injury at the workplace go on and talk to a qualified workers’ compensation lawyer in your city.Click here