If you’ve been injured, it may be hard for you to determine whether you can file a personal injury or workers’ compensation claim. The reason these two claims are often confused is because they share several similarities. Workers’ compensation and personal injury claims are both related to injuries. However, the laws regarding these two claims are different.
Workers’ compensation claims arise after a worker sustains a work-related injury, whereas personal injury claims arise after someone is injured due to the negligent acts of another party.
If you are looking to file a workers’ compensation or personal injury claim, contact an experienced Workers’ Comp Lawyer in Miami today.
THE ROLE OF FAULT IN WORKERS’ COMPENSATION AND PERSONAL INJURY CLAIMS
One difference between workers’ compensation and personal injury claims is the role of fault. Employees can recover workers’ compensation benefits without having to prove fault. You do not have to prove that your employer or a co-worker caused your injury. Even if you were at fault for your injury, you are still entitled to file a claim and receive compensation benefits.
The rules are different in personal injury claims. You cannot recover compensation in a personal injury claim unless you are able to prove that the other party is at fault for your injuries. For example, if you are injured in a car accident, you will need to prove that the other driver caused the crash in order to recover compensation for your injuries. This makes recovering compensation in a personal injury claim much harder since liability is not always easy to prove.
COMPENSATION IN WORKERS’ COMPENSATION AND PERSONAL INJURY CLAIMS
It’s important to understand what types of compensation are available in both workers’ compensation and personal injury claims.
Many people who sustain work-related injuries are unable to work while they recover. You may think that you are entitled to your lost wages during your recovery, but that’s not entirely true. The workers’ compensation system in Florida only pays two-thirds of your average weekly wage, which means you are not fully compensated for your lost wages while you recover from your injuries.
But in a personal injury case, the victim may seek 100% of the wages they have lost due to their injuries. They can also seek compensation to cover their future loss of earning potential. This ensures that personal injury victims do not suffer financially simply because they were involved in an accident that was not their fault.
The workers’ compensation system in Florida does not compensate injured workers for pain and suffering. This means injured workers will not receive compensation for their mental anguish, loss of enjoyment of life, and emotional suffering. In a personal injury claim, victims have the right to receive compensation for pain and suffering. There is no guarantee that they will successfully recover this type of compensation, but it is often awarded in personal injury cases, especially those involving serious injuries.
HOW WORKERS’ COMPENSATION AND PERSONAL INJURY CLAIMS ARISE
You cannot file a workers’ compensation claim unless your injuries are work-related. This means they were sustained in a work-related accident or developed gradually over time due to your work. For example, a worker who is diagnosed with carpal tunnel syndrome after performing the same repetitive movements every day at work may qualify for workers’ compensation benefits. Likewise, a worker who is injured in a slip and fall in the workplace could also be entitled to workers’ compensation benefits.
In a personal injury claim, the cause of the victim’s injuries is another party’s negligence. Personal injury claims often arise after car accidents, slip and falls, medical malpractice, truck accidents, and motorcycle accidents. Personal injury claims typically do not involve work-related injuries.
These are the main differences between workers’ compensation claims and personal injury claims. Now, you should understand which type of claim you need to file for your injuries. However, if you are still not sure, you can always contact a workers’ compensation lawyer or a personal injury lawyer to discuss your case.
WORKERS’ COMPENSATION: BENEFITS AND LIMITS
There are advantages and disadvantages to workers’ compensation claims, including:
- Advantage: You can receive medical care and temporary disability after reporting your injury. Also, you do not have to prove your injury was someone else’s fault, which can lead to a quicker resolution.
- Disadvantage: You are not able to receive any other benefits other than what is provided under the workers’ compensation system. This means you will only receive 2/3 of your lost wages during your recovery and you will not receive compensation for pain and suffering.
PERSONAL INJURY LAWSUITS: DAMAGES AND LIMITATIONS
Filing a personal injury also has its advantages and disadvantages. These include:
- Advantage: You can recover more compensation in a personal injury claim, including compensation for your lost wages, medical expenses, and pain and suffering.
- Disadvantages: To file a personal injury claim, you must be able to prove that someone else was at fault for your injury. This means you will need to conduct an investigation to gather the evidence that you need to prove liability.
FILING A WORKERS’ COMPENSATION CLAIM OR PERSONAL INJURY CLAIM
Employees who sustain work-related injuries are typically prohibited from filing personal injury claims against their employers or co-workers. Instead, they must file a workers’ compensation claim. However, there are some exceptions to this rule, which allow employees to file a personal injury claim after sustaining a work-related injury.
These claims are very different, but they do share some similarities. Both personal injury claims and workers’ compensation claims allow injured individuals to pursue compensation for their losses. If you have been injured, it is important to contact a workers’ compensation or personal injury lawyer in Miami to handle all aspects of your case.