Differences Between Workers' Compensation Benefits And Personal Injury Cases
Posted on: 15 January 2015
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Workers' compensation claims are considered to be part of personal injury law. Even though the claims are lumped into the same category as auto accidents, slip and falls, and other similar injuries, workers' compensation claims have big differences of which you should be aware.
Fault vs. No Fault
A major part of a personal injury law case is that you have to provide evidence that a person or company was at fault for your injury. For instance, if someone ran a stop sign and hit your car, you need to show he or she failed to stop, which led to the accident.
In workers' compensation claims, you do not have the same burden. In most instances, who was at fault has nothing to do with whether or not you can receive benefits. Even if something you did on the job led to your injuries, you can still receive benefits.
There are a few exceptions though. If you were intoxicated at the time you had your accident, you will probably be denied workers' compensation benefits.
Types of Damages
In a lawsuit, you can sue the responsible party for a range of damages including pain and suffering, property damage, loss of income, and loss of life enjoyment. You can even go to court and receive punitive damages if a jury feels that the responsible party acted in a particularly heinous manner.
On the other hand, workers' compensation benefits are limited. You cannot receive loss of enjoyment, pain and suffering, or punitive damages. However, you can receive weekly compensation to cover your lost wages, medical benefits, and vocational rehabilitation.
Rehabilitation can help you get readjusted to your work environment following an accident. You can even get job training for a new position if you are unable to return to yours.
Lawsuit
One of the biggest differences between most personal injury law cases and workers' compensation is the right to file a lawsuit. In personal injury, you can file a lawsuit against the responsible party. In workers' compensation cases, you cannot sue your employer.
There are state and federal laws in place that protect your employer from being sued. There are a few exceptions though. If your employer does not have workers' compensation insurance, you can sue. Interstate railroad workers and crew people on vessels are also able to file lawsuits. There are federal laws in place to protect their rights.
Understanding the differences between ordinary personal injury cases and workers' compensation can help you understand your rights. Visit sites like http://www.nccompspecialist.com/ for more information.