You may wonder whether you should file for workers’ compensation or pursue a personal injury claim if you’ve been injured. Both options can provide financial relief, but they operate very differently.
Understanding their differences can feel overwhelming, especially in the middle of recovery. Don’t worry – this guide will break it down so you can make the best decision. Keep reading to get all the answers you need!
Understanding Workers’ Compensation
Workers’ compensation is meant to protect employees who are injured on the job. It’s insurance that employers must carry for situations like workplace injuries.
When Do Workers’ Compensation Claims Apply?
You should file a workers’ compensation claim whenever you’ve been hurt while doing your job duties. Whether you slipped on a wet floor or developed carpal tunnel syndrome from repetitive motion, these all qualify. The key is that the injury happened while you were working.
Unlike personal injury claims, in the worker’s compensation process, you don’t need to prove someone was at fault. Even if it was a simple accident or a mistake on your part, you can still file a workplace accident claim under workers’ comp.
What Workers’ Compensation Covers
Workers’ compensation typically covers medical bills, a portion of lost wages, and even rehabilitation services if needed. However, it doesn’t include pain and suffering or other “non-economic” damages. This is one of the major differences compared to personal injury workers’ compensation cases.
While workers’ compensation supports employees, there’s a limitation. It doesn’t matter if your employer was negligent – you can’t sue them directly for more damages through this system.
Personal Injury Claims: What You Need to Know
Personal injury claims arise when an injury results from someone else’s negligence. These claims can occur in or outside the workplace and require proof that someone failed to act reasonably, leading to the injury.
When to File a Personal Injury Claim
You would file a personal injury claim if your injury happened due to someone’s carelessness or wrongful actions. For example, if a third party, like a contractor, caused a personal injury at the workplace, this might qualify.
Unlike workers’ compensation, you can claim non-economic damages like pain and emotional suffering here. Depending on the case, the claim might involve personal injury litigation.
One thing to consider is that negligence and the law go hand in hand. You must demonstrate that the other party acted negligently to succeed in a personal injury claim. Sometimes, issues like comparative negligence, where both parties share fault, can come into play.
Differences in Compensation Between the Two Claims
Here’s where things get interesting. With personal injury at work cases, the compensation often includes economic and non-economic damages.
Economic damages can range from medical expenses to lost income. Meanwhile, non-economic damages cover things like stress, anxiety, or the impact on your quality of life.
If you’re stuck deciding between a personal injury at workplace claim and a workplace accident claim via workers’ comp, understanding the scope of what you want to claim makes all the difference.
Need Help with Your Claim? Then, Contact Us
Making sense of all this can be tricky, especially if you’re juggling recovery and financial stress. But you don’t need to tackle it alone! Both Tulsa personal injury lawyer services and legal expertise in personal injury workers’ compensation cases can guide you toward the right path.
At Anderson & Associates, we understand the challenges you’re facing, and we’re here to help. Whether dealing with a workers’ comp claim or considering a personal injury case, we have the experience you need. Let’s work together to get you the relief you deserve.
