Differences Between Personal Injury and Workers' Compensation Claims
When workers injure themselves on the job site, they’re supposed to be entitled to file a workers' compensation insurance claim. It’s not uncommon for legitimate claims to go unpaid, though, leaving the victims of workplace injuries struggling to keep up with hospital bills and other financial obligations while they’re out of work. Those who have had their claims denied can file an appeal, but it’s always better to consult a lawyer first.
Find a Denver personal injury lawyer who has experience handling workers' compensation claims to ensure the best possible chances of having the claim approved. Read on to find out about a few of the differences between personal injury claims and workers' compensation claims to learn why it’s so important to find a lawyer who can handle both.
Determining Fault
When a client is injured on someone else’s property and decides to file a personal injury claim, he or she must prove that someone else is at fault. Take slip-and-fall cases as an example. If someone falls and is injured on another person’s property, the property owner will only be held liable if his or her negligence has contributed to the fall.
When filing a workers' compensation claim, determining fault is usually not an issue. The injured worker is entitled to benefits even if he or she cannot prove that an employer or co-worker’s negligence contributed to the accident. In fact, with some exceptions, even if workers injure themselves on the job due to their own negligence, they’re still entitled to benefits.
Pain and Suffering
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Personal injury victims are often entitled to damages for pain and suffering. These damages, which take the form of additional monetary compensation, may include lost earnings or earning capacity, future medical expenses, and loss of enjoyment, among others.
Clients filing workers' compensation claims won’t be able to sue for damages like pain and suffering. They’ll simply receive weekly compensation, payment for medical bills, and rehabilitation.
Filing Suit
Workers’ compensation insurance is designed to ensure that anyone who has been injured while on the job has access to the money he or she needs to recover. Unless the injury was caused by an intentional act on behalf of the employer, that’s all the injured worker will get when it comes to compensation, though. With very few exceptions, workers are not allowed to sue their employers for negligence if they are filing workers' compensation claims.
The Bottom Line
The best way to deal with a workplace injury is to get legal help immediately before even filing a claim. The law office of Mark A. Simon can help, so get in touch today.