What’s the Difference Between Personal Injury and Workers’ Compensation Claims? | Boulder Injury Lawyers
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Although many of us are familiar with the terms “personal injury” and “workers’ compensation,” many aspects of these types of claims are not completely understood by the general public.
Despite some overlap between personal injury claims and workers’ compensation claims, there are also very important differences between the two. Understanding the similarities and differences of these two types of claims will allow you to best evaluate your options in the event you are involved in an accident.
If you or a loved one has been injured in an accident, or if you would like to learn more about these types of claims, call Zinda Law Group at (800) 863-5312 for a 100% free case evaluation with our Boulder injury attorneys.
One of the major differences between personal injury claims and workers’ compensation claims is proving fault or showing that someone else caused your injury.
For personal injury claims, you will need to prove that a certain individual or entity was at fault for your injury in order to receive compensation. This is typically accomplished by establishing that a person or entity was negligent and that their negligence resulted in your injury. In some cases, fault will be difficult to prove, or it may be the case that you are equally at fault for the accident in question. In these scenarios, it will likely be difficult to receive compensation for your injuries.
In contrast, for workers’ compensation claims, you may be entitled to compensation so long as you are involved in an accident or injured while on the job. This is because establishing fault is not part of the workers’ compensation claim process. This means that you will not be required to prove that your employer did anything wrong in order for you to receive compensation. Further, even if you were negligent or partially at fault for your injury, you may still be entitled to receive workers’ compensation benefits.
Another critical difference between personal injury claims and workers’ compensation claims is the types of damages that you are entitled to.
In cases of personal injury, you may be entitled to receive compensation for all the damages you can establish. Such damages may include both economic damages (lost wages, lost earning capacity, medical bills, future medical expenses, etc.) and non-economic damages (pain and suffering, loss of enjoyment of life, etc.)
On the other hand, workers’ compensation claims only allow for recovery of economic damages. So, for example, if you are injured on the job and file for workers’ compensation benefits, you may be compensated for things such as lost income, medical expenses, and vocational rehabilitation, but not for any damages associated with pain and suffering.
Further, workers’ compensation benefits with respect to lost income typically come in the form of weekly or periodic payments, as opposed to personal injury damages, which can be collected in a lump sum.
Although workers’ compensation claims can only be filed by workers of a particular employer, it is not the case that all employers offer workers’ compensation benefits to their employees.
Factors that determine whether an employer offers workers’ compensation benefits include the size of the company, the type of business conducted by the company, the type of work done by the employees, and any applicate state laws or regulations.
In most cases, an individual will not be allowed to file both a workers’ compensation claim and a personal injury suit against the same party. However, a workers’ compensation claim and a personal injury claim can be initiated by the same individual under certain circumstances.
For instance, if a person was injured while on the job and the injury was caused by an unrelated third party, the person may be able to file a workers’ compensation claim with the employer as well as bring a personal injury suit against the third party.
Alternatively, if the employer’s conduct was intentional or obviously done to result in serious harm or injury, it may be possible to file both a workers’ compensation claim and bring a personal injury suit against the employer.
It is important to keep these differences in mind in the event that you are injured or involved in an accident while at work. Understanding these critical differences between workers’ compensation claims and personal injury claims can dramatically affect the outcome of your case.
Our Boulder Injury Attorneys Will Work Hard for You
At Zinda Law Group, our Boulder attorneys can help you after an injury or accident. We have the resources necessary to help you build the strongest claim, and we will work tirelessly to assist you in seeking compensation for medical bills, property damage, lost wages, pain and suffering, and more.
Our firm also believes that an injury victim should never have to worry about being able to afford legal representation. That is why we offer 100% free consultations, and why you pay nothing unless we win your case. That’s our No Fee Guarantee.
If you would like to speak with an Boulder injury lawyer, or to learn more about the differences between personal injury claims and workers’ compensation claims, call Zinda Law Group at (800) 863-5312 to receive your free case evaluation.
Meetings with attorneys are by appointment only.