Difference Between a Workers’ Compensation and a Personal Injury Claim?
Our skilled injury attorneys in Salina can aid you in recovering compensation after an accident.
When you are injured, you want to be compensated for any losses that you suffer, ranging from lost wages to medical expenses, and more. Unfortunately, though, damages are not just paid; you must file the appropriate claim type first. As such, it is important to understand the differences between a workers’ compensation claim and a personal injury claim, and which type is relevant to your injury and situation.
What is the Difference Between a Personal Injury Claim and a Workers’ Compensation Claim?
A personal injury claim is a type of civil lawsuit that is filed when one party’s negligence leads to another’s injury. In order to recover compensation in a personal injury suit, a plaintiff must prove the fault of the defendant. Damages that are recoverable in a personal injury suit include both economic and noneconomic losses, such as the value of a plaintiff’s pain and suffering.
A workers’ compensation claim, on the other hand, is a claim for no-fault insurance benefits that are paid after a worker is injured on the job. These benefits do not require proving negligence, but do require proving that your injuries occurred while on the job or while performing work- related tasks. Furthermore, workers’ compensation benefits do not include damages for pain and suffering, and often only cover a portion of a worker’s economic losses. Can I File a Workers’ Compensation Claim and a Personal Injury Claim?
If you are injured at work, workers’ compensation insurance will likely pay for your losses. By virtue of the workers’ compensation system, employees who are injured while at work are barred from filing a personal injury suit against their employers. However, you may be able to bring a third-party suit against another party if that party’s negligence was the direct cause of your injuries. In this situation, it may be possible to recover benefits from both the workers’ compensation system and a civil action. It is wise to consult with an attorney who can review your case and provide you with sound legal advice about what course of action to pursue.
Learn More About Workers’ Compensation vs. Personal Injury Claims in Salina
At the law offices of Neustrom & Associates, we have skilled personal injury lawyers and workers’ compensation lawyers who are prepared to assist you and work hard to get you the compensation award you deserve.
Pursuing compensation on your own can be confusing and overwhelming. We have knowledge and experience working with temporary total and permanent partial benefits as well as fatality claims in workers compensation; and in personal injury cases we can help you may deal with issues regarding subrogation rights; underinsurance; no fault or PIP; med pay and other insurance matters. When you meet with our lawyers, we will review your case for free and work for you on a contingency fee basis.
To schedule your consultation with our talented Salina injury attorneys now, please call us directly or send us a confidential message online. We have 80 years of combined legal experience.