Workers’ Compensation And Personal Injury Settlement
Despite the fact that many claims for work-related injuries are relatively straightforward, other cases can become complicated, especially when a third party is associated.
In a scenario like this one, in which your unfortunate incident involves workers’ compensation and personal injury settlement, as well as personal injury and negligence, it is essential to synchronize your claims for reimbursement in order to achieve the best possible outcome.
What Is The Difference Between These Two Claims?
First, let us understand the differences that workers’ compensation and personal injury settlement.
A claim for personal injury must be brought in a civil lawsuit of general jurisdiction against the person or business whose negligence caused the plaintiff’s injuries.
In addition to compensation for medical bills and lost wages, the injured party may also seek compensation for their emotional distress. In some cases, the amount of money awarded for discomfort and suffering damages is quite high. However, it is never guaranteed that damages will be recovered in a personal injury case.
Workers who have sustained an injury or illness as a result of their employment are eligible for pay rate suitable alternative and medical benefits under a system known as workers’ compensation, which is funded by the employer through the purchase of workers’ compensation insurance. When this occurs, the worker who became ill or injured loses the ability to file a lawsuit against their employer in civil court for negligence.
Here are some major differences between the two claims-
● Damages caused due to pain and suffering
When pursuing compensation for a personal injury, it is possible to receive a monetary award for the victim’s pain and suffering if the circumstances are right. This would occur in addition to medical bills and wage loss compensation. In contrast, a worker’s comp settlement never accounts for emotional distress. In addition, awards for workers’ compensation are typically distributed on a weekly or periodic basis, while damages for personal injury are typically collected in a single sum.
● Right to file a lawsuit
In legal terms, a worker who sustains an injury or illness while performing their job is not permitted to sue their employer for damages. A worker is required by law to file a claim for compensation through the workers’ compensation system in their state in the vast majority of cases.
● Ascertaining the accused person
In most cases, a plaintiff in a personal injury lawsuit is required to provide evidence that the defendant was at fault for the circumstances that led to the plaintiff’s injury. In most circumstances, this would be considered a form of negligent behavior. In contrast, an injured worker who files a claim for workers’ compensation does not need to demonstrate that the employer was at fault or negligent in order to be compensated for their injuries.
Why was a workers’ compensation claim enacted?
Workers who become ill or injured while on the job are protected by the workers’ compensation system in return for giving up their right to sue their employer in civil court. Employers can’t afford to go bankrupt if injured employees win large damage accolades in negligence actions, so workers’ compensation systems were enacted. As an added bonus, workers who sustain injuries on the job are guaranteed financial compensation.
How do a workers’ compensation and personal injury settlement overlap?
You know, sometimes the best possible way to understand a complex situation is with an example of a practical instance. So let us for now, settle for an example to understand this overlapping scenario.
An industrial accident leaves you with a severe injury and unable to work for a while. Your employer has assured you that worker’s compensation insurance will pay for your medical expenses and keep you financially stable while you recover from your injury.
The amount of your first paycheck will be smaller than subsequent paychecks. The insurance provider explains that you will only receive compensation equal to two-thirds of your regular salary while out of commission due to a work-related injury. In addition, the insurance company has informed you that you will not be compensated for time away from your next job if you are unable to perform your duties there because of the same injury.
You’re understandably frustrated and feel swindled, but after perusing a law firm’s website, you learn that the manufacturer of the defective machinery or their insurance may be liable for the remainder of your lost wages. It’s not unusual for a worker’s compensation claim to double as a personal injury claim.
Therefore, these are the basic differences between a workers’ compensation and a personal injury settlement. And this is how in some situations, despite having vivid differences, both of these claims overlap and can work together for the victim.
Useful Related Article:
1. Know Your Legal Rights When You Injure Yourself At Work?
2. Do You Have To Call The Police After An Accident?
3. What Are The Common Causes Of Pedestrian Accidents?
