Personal Injury Claim

The Difference Between Workers Compensation and Personal Injury Claim

People often get confused between personal injury claims and workers’ compensation claims. The critical distinction is that personal injury claims work on the principle of fault, and workers’ compensation does not have any. To successfully prove a personal injury claim, displaying that someone else’s negligence caused the accident is essential. Contact Richmond workers’ comp lawyer to seek more legal guidance for your case.

Other distinctions between the two claims

Fault

In the case of workers’ compensation claims, there is no requirement for proving fault to seek benefits. Even if there is evident conduct of negligence and the injury is caused due to the negligence, the worker can still seek compensation for the injury. Workers’ compensation claims protect workers from financial strains due to injuries at the workplace, regardless of who and what caused the injury. The reason is that the injury would not have occurred if the employee had not been at work.

While in personal injury cases, it is essential to hold someone responsible for causing the injury, or else you cannot file a lawsuit or seek compensation. Such accidents take place due to negligent conduct in most cases.

Pain and Suffering

If an injured employee files a workers’ compensation claim, they cannot seek benefits for any pain and suffering from the accident. The injured employee will get weekly payments along with permanent impairment benefits, coverage for medical charges, and rehabilitation costs. 

In personal injury claims, the injured victims can seek compensation for all losses incurred due to the accident. These include lost wages or income, inability to work, medical costs, future hospital bills, and any pain and suffering caused by the incident.

Filing lawsuits

In the case of workers’ compensation, the injured employee does not have any right to sue the employer. The entitlement for filing a lawsuit is eliminated under the workers’ compensation law. However, the victim can file a lawsuit if they are injured because of a defective product. You can do so by utilizing product liability law and taking the necessary actions against the product manufacturer.

Also, if you are a victim of a toxic substance’s harm, you can file a tort lawsuit against the manufacturer.

If the injury occurred due to the employer’s intentional misconduct, a personal injury lawsuit could be charged against them.

One can file a lawsuit when the responsible employer does not have the workers’ compensation insurance.

Limitations

Only the employees of a company are entitled to file workers’ compensation claims, while anyone can file a personal injury claim. The affected employee can file a personal injury lawsuit if a company does not have workers’ compensation insurance.

Setting a personal injury claim into motion

A successful case starts with clear and detailed communication. A claimant needs to be properly informed of how your case will be managed, as well as the lawyers needing accurate and complete details of the accident. Where applicable, your employer information and past injuries also need to be reported.

All of the above details and more are initially collected and managed through our Starter Kit. In addition with the information above, the Starter Kit will clarify and provide.

Releases for your medical records

Printed brochures and support materials from WEIERLAW on the process of managing your case
By gathering detailed information for the intake summary, our offices can set your claim into motion quickly and accurately for a better result. From there, our experienced personal injury attorneys and heavily staffed office work hard on moving your case to fulfillment by employing cost-saving measures that give your case the attention it deserves.

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