Stake your claim between worker’s comp and personal injury

| Oct 29, 2019 | Personal Injury, Worker's Compensation

You need help getting back on your feet after an injury. You know a little about worker’s compensation and have heard of personal injury lawsuits, but the differences between them make a big difference when you’re looking for assistance.

While both are avenues to get compensation after an injury, the systems in place are very different. The state of Pennsylvania regulates worker’s compensation and is in place to help you get by while you’re on the mend. Personal injury lawsuits are a form of legal recourse to hold someone responsible for their neglect.

Assigning blame

Worker’s compensation doesn’t generally require anyone to be at fault for your injury and offers protection for both you and your employer. You usually can’t sue an employer because the state assumes that you’re receiving the help you need from worker’s compensation.

Personal injury, on the other, likely relies heavily on proving fault. You’ll probably need to outline negligence, how the negligence caused your injury and explain how those injuries caused the damages you’re claiming.

Outlining damages

Worker’s compensation usually has a strict limit on what expenses you can recover. Your missed pay, medical bills and rehabilitation are typical requests, but anything beyond that could be a hard sell.

Personal injury suits will probably cover the same standards you’ll find in a worker’s compensation claim, plus what the court calls non-calculable costs. This includes pain and suffering, potential loss of future earning and mental distress.

Navigating the process

The worker’s compensation process will usually begin shortly after the accident. You’re expected to notify your employer of your injury right away, then have an approved doctor look at your injury. Both you and your employer submit paperwork, and the insurance provider determines your compensation.

In a personal injury case, you’ll probably file a lawsuit with the courts after you have received medical attention. You will submit papers outlining who you are suing and what expenses they need to cover.

Getting a helping hand to get back on your feet is possible, but it’s important to know where you need to look for recompense. Know the rules and requirements for your situation, and you’ll be one step closer to the help you deserve.