Have you been wondering about the difference between worker’s compensation and personal injury cases? Simply put, workers’ compensation is an insurance claim, while personal injury claims are lawsuits. The main difference is liability. What they have in common is their ability to provide individuals who have been injured with compensation.
Worker’s Compensation Benefits
When someone is injured on the job they are entitled to workers’ compensation benefits. Workers’ compensation claims are most commonly filed after a work-related injury. Individuals are guaranteed payment if the injury disables you from returning tow work for a period of time in the form of weekly compensation, permanent impairment benefits, payment of medical bills and vocational rehabilitation. The income is non-taxable, and approximately two-thirds the average wage of the injured worker.
Adam Werner, a worker’s compensation attorney is here to answer your questions!
Protection for You
A workers’ compensation benefit protects employers and employees, and eliminates potential litigation. Collecting money on workers’ compensation is a compromise; you give up the right to sue an employer for pain and negligence. Additionally, you cannot be compensated for pain and suffering. A mere two types of employees are exempt from filing workers compensation claims: those who work as a vessel crew member, and interstate railroad workers. For these individuals, there are two respective federal laws: the Jones Act for crew members, and the Federal Employers Liability Act (FELA), that protects railroad workers of railroads that operate in more than one state.
Personal Injury Claims
Personal injury claims are based on fault. An individual must prove negligence on the part of a third party, and are eligible for pain and suffering damages, lost earnings capacity, medical bills – current and future – and permanent impairment. Personal injury attorneys may require clients to sign a retainer agreement, outlining exactly what they will be required to pay when the case is finalized. Be prepared to expend time and money on a personal injury case. There is currently no cap on personal injury awards, which will be shared with your attorney.