A work-related injury can result in the loss of the ability to work and support yourself and your family. In general, most workplace injuries are eligible for worker's compensation benefits to help until you are able to go back to work. However, you may also wonder if you can file a personal injury claim against your employer to recoup your damages. Here are some things you should know about the two benefits:
How Are Worker's Compensation and Personal Injury Claims Different?
There are major differences between worker's compensation and personal injury lawsuits. Personal injury claims require proof from you to the court that your injury was due to employer negligence or that the employer did provide appropriate action. You also have to show evidence that you have damages directly related to the injury.
A worker's compensation claim does not require proof outside of reasonable doubt. As long as the injury happened at work, you should receive benefits without issue. Your employer may ask for medical evidence from your doctor to determine your exact needs regarding benefits. You will need to provide information as to how the injury was related to your position and how you are permanently or temporarily disabled.
How Is Compensation Different?
There are some differences in the compensation in worker's compensation and a personal injury claim. A personal injury claim allows you to recover your income loss and medical expenses, along with punitive damages and other losses incurred because of your injury. When you get compensation from a personal injury claim, the case is over and that is all you can get.
Worker's compensation benefits let you recoup the expense of your medical expenses and lost income. You cannot receive punitive damages. You will not typically receive a lump sum but continual payments over a period of time.
You also need to know there is a time limit on worker's compensation. Your employer may also change your benefits or stop them. If either of these things happens, you will have to retain a worker's compensation attorney to help you restart your benefits or find out why they were altered.
You need to be fully aware of the difference when it comes to benefits and claims of both worker's compensation and a personal injury claim. You need to know about all of your options so you can receive what you deserve for your injuries. If you choose to sue your employer, you cannot also file for worker's compensation benefits, so be sure to keep that in mind when you make your decision. If you have further questions, contact a company like Maruca Law.