Should You File Workers Compensation Or Personal Injury Claim?

July 16, 2018

Workers compensation and personal injury claim has been a problem for most people to differentiate. In fact, most employees have gone at a loss, because of their negligence of not knowing what action to take after their employee suffers an injury. Well, there really is not much of a difference. It is fairly simple and for keen employees who are cautious about their rights will not have difficulties differentiating between the two:

Where Does the Difference Lie?

Workers compensation comes results when an employee gets injured while working. In this case, the employee does not need to prove anything, as it is evident that he or she got injured while performing her duties. Sometimes, workers compensation, can also be said to be an insurance policy that is put in place by workers’ compensation boards to protect both the employees and the employers. In addition, there is federal workers’ compensation, but it is laid down by the federal government.

On the other hand, personal injury claims are not limited to any persons. You can claim personal injury as long as you can provide proof. The proof should be able to prove that the party who caused the injury was either negligent or at fault. In addition, the plaintiff must show proof of the amount of injury caused to him or her. An advantage of personal injury is that it is compensatory. Meaning you could be compensated for medical bills, damage of property, loss of your future income, loss of wages.

Instances When One Qualifies to File a Personal Injury Claim

In some instances, workers may be able to claim a personal injury. It is not a guarantee though, as you have to prove to the court that indeed the defendant was negligent or caused the action deliberately. Below are some of the instances in which a personal claim injury may be successful.

  • Injuries that were caused by a defective product. In this case, the plaintiff may sue the manufacturer of the product. This is because the manufacturer is responsible for the manufacturer of the product.
  • Injuries resulting from a toxic product or substance. In this case, the plaintiff is free to bring forward a toxic tort lawsuit against the defendant.
  • Injuries that result from the employer’s intentional acts could also be considered as a personal injury.
  • Injuries that may have occurred at the site of work, in which the hirer has no workers’ compensation insurance or the employer has just failed to act.
  • You could also claim personal injury if the injury was caused intentionally by a fellow employee or employer.
  • Sometimes injuries could result from the negligence of a third party. In this case, it is lawfully right to have a personal injury claim.

With the above clear differences, you should know what to go for when you are injured. The most important thing is to know when to apply each. Remember that for a personal injury to be claimed, there must be sufficient proof in order to be compensated.

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Andi Perullo de Ledesma

I am Andi Perullo de Ledesma, a Chinese Medicine Doctor and Travel Photojournalist in Charlotte, NC. I am also wife to Lucas and mother to Joaquín. Follow us as we explore life and the world one beautiful adventure at a time.

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