It’s not enough to simply know the law. It’s important to fully comprehend the differences between certain principles, and only then can you begin to gain a comprehensive understanding.
The law is a very complex subject, and it’s very easy to mistake one aspect of the law for another. A prime example of this is differentiating between personal injury cases and workers’ compensation cases. While these two aspects of the law serve to protect the rights of the injured, they each have key differences that we need to understand so we can determine the best possible approach to a case. With this in mind, here are the differentiating factors between a personal injury case and a workers’ compensation case.
Tort
A tort or fault is a negligent or intentional failure to act reasonably. It can also refer to the negligent omission of a reasonable act either by carelessness, ignorance, or gross negligence. When these actions (or failure to act) cause an injury to a person, they become a fault. In a personal injury case, the tort element is pivotal to every case. On the other hand, a workers’ compensation case does not impute fault on any party because it assumes that the injuries sustained by the claimant are the result of an accident, and is therefore not anyone’s fault.
Function/Approach
In order to secure compensation in a personal injury lawsuit, you need to be able to determine who is liable following an accident. It is presumed that your injuries are the result of someone else’s negligence. On the other hand, in order to secure compensation in a workers’ compensation case, the claimant must prove that the injuries sustained were work-related.
In a personal injury claim, the party found to be at fault does not only have a civil liability, but depending on the extent of the injuries and whether there was a death involved, the defendant may also have criminal liability. This does not apply in a workers’ compensation claim, wherein the employer does not gain any liability. It is merely a determination of whether the claimant is entitled to compensation.
Mode of Compensation
Different cases have different types of compensation. In a workers’ compensation claim, the claimant is entitled to a weekly compensation, payment for medical bills, and damages for lost pay as a result of the injury sustained. Since there is an element of fault in a personal injury lawsuit, a claimant may recover the same damages as a workers’ compensation case, but with the addition of compensation for pain and suffering and punitive damages.
Can I File Both Claims At Once?
The short answer here is yes, but only when a third party is involved, which is a rare case when you are injured at work by the negligent behavior of a third party. You’d be able to file a workers’ compensation claim with your employer, as well as a personal injury claim against the third party responsible for your injuries.
It’s not enough to simply know the law. It’s important to fully comprehend the differences between certain principles, and only then can you begin to gain a comprehensive understanding.
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