Workers’ Comp Case vs. Personal Injury

Many workers wonder whether they should contact a workers comp attorney or a personal injury attorney when they get hurt on the job. They suffer from slips, falls, cuts, bruises and illnesses that leave them unable to work. Some incidents clearly qualify victims for one benefit or the other. Some incidents could qualify for both. Speaking with an attorney is important for an injured person so that he or she makes the most beneficial decision possible.

The Difference Between Personal Injury and Workers’ Comp

The main difference between a personal injury case and a workers’ compensation case is neglect. A personal injury plaintiff will have to prove with the help of a reliable attorney that the accused party acted in a neglectful fashion. A workers’ compensation case can steam from any injury that a person sustains while he or she is performing work duties. For example, a person who cuts a finger on a meat slicer would be eligible for workers’ compensation. However, the victim would be eligible for personal injury compensation if the employer neglected to service the meat slicer or train the employee how to use it.

What if an Incident Qualifies for Both?

Some incidents can qualify for personal injury and workers’ compensation simultaneously. A victim can only request one benefit or the other, however. An employee cannot sue the employer if that person chooses to collect workers’ compensation.

Workers’ compensation entitles a person to a portion of his or her regular paycheck. The benefit ends as soon as the person recovers from the injury and returns to work. Personal injury compensation is a lump sum distribution that covers much more than lost work wages. Personal injury compensation covers medical bills, therapies, bill payments, lost wages and more. Additionally, the judge may order the offending party to pay more money if he or she finds that the party was exceptionally neglectful. A worker may want to file for personal injury instead of workers’ compensation.

A victim can schedule a consultation with an workmans comp attorney to find out the best move to make for compensation. A workers’ compensation attorney may advise a victim to visit a personal injury attorney, or the attorney may help the victim to get a workers compensation claim started today. Workers’ compensation attorneys can assist claimants who receive denials from insurance companies and state organizations, as well. An interested person can speak with a trusted attorney today with no obligation.

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