Differentiating Personal Injury and Workers’ Compensation: Knowing When Your Employer Has Crossed the Line


A lot of employees don’t get the right compensation due them because they either filed the wrong claim or they didn’t file anything at all. So in order to better employee services, everyone should be made aware of the basic differences between personal injury and workers’ compensation.

When should you file a complaint under personal injury?
Personal injury is a coverage offered by your insurance company. It will apply to anyone who has been hurt because of the actions or lack of actions of other people. In order to recover from whatever expenses that you may have incurred because of your injury, you first need to prove that it was the other person’s fault. 

Under the Personal Injury Law, the end goal of all personal injury services is to make the injured person whole again and that could be in the form of rehabilitation, hospitalization and/or any other means of financial assistance. 

However, the defendant in any personal injury case has defense options that are not available for employers faced with workers’ compensation cases. Examples of these defenses include those that are based on the plaintiff’s role during the accident. Comparative negligence, or a calculation of both parties’ degree of fault for the accident, is also another common defense strategy used. There are many other defense strategies but the end goal of all these techniques is to either bar or limit a personal injury lawsuit.

When should you file a complaint under workers’ compensation?
On the other hand, workers’ compensation will only apply to employees who have been hurt while on the job. It should be made available regardless of whose fault it is as long as the employee sustained the injury while on the clock. The insurance agency who will be looking at the cost of damages will be the company’s and not the employee’s. 

As long as the employer makes compensation benefits to all employees, the employer cannot be sued for personal injury or wrongful death damages. It is without saying that workers’ compensation is the only remedy that is available to any injured worker.

But there are limitations to workers compensation. This is because workers’ compensation can only cover medical expenses, disability payments and retraining benefits. Therefore, it is only right to say that a seriously injured worker will never be adequately compensated for his or her losses. 

The only time that you would need an attorney when facing issues on workers’ compensation is when your employer’s insurance company denies the claim. All workers compensation cases are filed with and decided by the Workers Compensation Board.

However, there is a very thin line between personal injury and workers’ compensation that’s why they are often mistaken for each other. For instance, if you are working and you were injured because of the actions of someone other than your employer and/or a co-worker, then you can pursue a personal injury claim. 

For complicated cases of workers’ compensation, it would be best to consult with specialists on the issue of workers’ compensation. It is only by getting in touch with a lawyer will you get either personal injury benefits or workers’ compensation claims, whichever is due you.

For more questions about workers’ compensation, contact John Fox & Associates at (504) 891-3303 or check their website at www.johnfoxassociates.com.

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