Workers’ Compensation and Personal Injury

Workers’ compensation claims and personal injury claims, though related, are very different. Understanding the difference between the two can make the process of seeking compensation after an injury much easier. It is always a good idea to discuss the events that led to your injury with an experienced personal injury attorney and/or workers’ compensation attorney, but the information below outlines the basic differences between workers’ compensation and personal injury.

WORKERS’ COMPENSATION CASES ARE NO FAULT

One of the main differences between workers’ compensation claims and personal injury claims is ‘fault’. Workers’ compensation cases do not require that you prove that anyone has done something wrong in order to receive workers’ compensation benefits. In workers’ compensation, fault is irrelevant.

Personal injury claims on the other hand, are quite the opposite. In the event that you are involved in a car crash, for example,  you must prove the other driver was at fault for the crash in order to receive compensation for damages.

A PERSONAL INJURY COMPENSATION CLAIM FOR PAIN AND SUFFERING

Another difference between workers’ compensation claims and personal injury claims is the damages you are qualified to recover. For example, in a workers’ compensation case you are not entitled to benefits for pain and suffering. You will receive benefits for permanent ailments, medical bills, and rehabilitation, etc. In a personal injury claim, you are entitled to recover any damages you may have suffered. This includes lost earnings due to time out of work, all medical bills, loss of future income, pain and suffering, as well as lost quality of life due to the accident.

THE ROLE OF CO-WORKERS AND OTHER EMPLOYEES UNDER WORKERS’ COMPENSATION

Workers’ compensation laws were put in place to allow anyone injured on the job to receive compensation for their injuries. Employers are responsible for handling workers’ compensation claims. Injured workers cannot sue co-workers and/or other employees.

THE ROLE OF NEGLIGENT INDIVINDUALS IN PERSONAL INJURY CLAIMS

Unlike workers’ compensation, if an individual was injured due to the negligence of multiple parties, each at-fault individual can be held accountable.

PURSING A WORKERS’ COMPENSATION CLAIM AND PERSONAL INJURY CLAIM

If a third party was responsible for your injuries, your attorney may suggest you pursue a workers’ compensation claim and a personal injury claim.

Here are a few examples of situations that would warrant a personal injury claim and a workers’ compensation claim:

  • A delivery driver was rear ended by a driver who was texting and driving
  • A construction worker suffered a fall down injury due to a defective ladder
  • An employee is walking into work and slips and falls on ice, the company he/she works for rents space, and the landlord neglected to salt/sand.

THE MOST IMPORTANT THING TO REMEMBER

While the information outlined above provides an overview of personal injury and workers’ compensation, it is extremely important for injured individuals to seek the guidance of an experienced attorney. An injury that initially doesn’t seem very serious can over time worsen, limiting your ability to work and retain the quality of life you’re used to.

WHY CHOOSE JACOBY & MEYERS, LLP?

Our attorneys have collected millions of dollars in compensation for injured workers. Our dedicated team fights for each and every client, ensuring negligent parties are held accountable. Click here for a free workers’ compensation/personal injury case evaluation.

Dear friends and clients,

In furtherance of our firms culture of commitment to always act with compassion, concern and commitment to our clients, community and colleagues, we have been taking precautions to ensure that we are still fulfilling our ethical and moral obligations while prioritizing health, wellness and safety of all we can. 

As you know, the COVID-19 pandemic has introduced changes to many lives and businesses in our communities, and around the world. We, much like our neighbors and friends, have been taking precautions to ensure that we are still fulfilling our ethical and moral obligation to our clients, while also prioritizing the health, wellness and safety of our employees.

Until further notice, our offices will be closed to the public to encourage social distancing and to help prevent the spread of COVID-19. Our team is still hard at work, many from home, and you may still call, email, live chat or video conference us if you or a loved one is seeking legal assistance. As the first law firm to offer our clients secure online access to their case file more than a decade ago, we have always been believers in using technology to make life easier and information more accessible. In these present times it has been a smooth transition for us to continue to offer our clients the same seamless and thorough service that you deserve and are accustomed to.

This pandemic is unlike anything any of us have faced in our lifetimes, and while we can continue to emotionally support one another through it all, staying home and keeping your distance is vital to the health and wellness of our communities. It does not feel good to break routines, cancel events and retreat from our normal, day-to-day socializing, but let us remember that, in times of strife, prior generations were asked to go to war and we are simply being asked to stay home. Your isolation equals more lives saved, and more time for medical providers to prepare for the treatment of patients battling COVID-19.

When the dust settles, we will join together with a greater appreciation for our lives, local businesses, loved ones and health. Until then, we will continue to offer guidance from a safe distance.

Very truly yours,

Andrew G. Finkelstein and the staff of Jacoby & Meyers, LLP