There is no place, where accidents can’t take place.Irrespective of whether it is a school ground, railroad, road, park or even a workplace. Accidents and injuries do take place anywhere without a prior notice and those that happen due to some negligence are counted as personal injury accidents. Accidents taking place at a workplace are often the most tragic ones due to the use of big machines and heights involved in falls and collapses. Those injured at workplace often get confused between personal injury lawsuits and workers compensation claims. In this article, an experienced Injury Lawyer in Ajax will share insights on differences between Worker’s Compensation and Personal Injury Lawsuits.
General Confusion:
According to an experienced Injury Lawyer in Ajax, a general confusion always remains when it comes to distinguish between person injury law claims and workers compensation claims. Ultimately, majority of people regard them both as same, which is actually not the case.
Common Differences:
Now, let us study the differences between a personal injury claim and a worker’s compensation claim one by one:
• Fault: As per a professional Injury Lawyer in Ajax, the main difference depends on the fault in an accident. Basically, the negligence is compared in both the cases and if the employer is somehow found negligent that resulted in a worker’s injury then it becomes a workers compensation claim case. On the other hand, if the injury took place despite of following all precautions and safety measures, then it will be a personal injury claim case.
• Damages: Second main difference between these two claims depends on the damages incurred by the worker. In personal injury claim, the injured worker is entitled to receive the damages for medical expenses, loss of income and pain and suffering. While in worker’s compensation claims, there are no compensations for pain and suffering factor. Moreover, worker compensation is usually paid weekly or in terms of periodic payments, while injury claims are mostly paid in lump sums.
• Right to Sue: Third main difference between these two types of claims depends on the right to sue. According to a professional Injury Lawyer in Ajax, once an injury case has been filed, an injured worker can’t file a workers compensation claim. In a majority of cases, an injured worker has to sacrifice his or her right to sue the employee because an injury case has been filed and therefore workers compensation is not granted.
• Liability: Lastly and most importantly, the main difference between these two claims depends on the liability for an injury. Quite similar to the fault factor, if once the liability is clear for a worker’s injury,then it can become transparent whether the worker deserves a worker’s compensation or a personal injury claim.
It is important to know that it is not mandatory for all the employers to provide workers compensations to their employees. The situation may vary from state to state and employer to employer depending on the type of business. Visit Here: BLF Personal Injury Lawyer
General Confusion:
According to an experienced Injury Lawyer in Ajax, a general confusion always remains when it comes to distinguish between person injury law claims and workers compensation claims. Ultimately, majority of people regard them both as same, which is actually not the case.
Common Differences:
Now, let us study the differences between a personal injury claim and a worker’s compensation claim one by one:
• Fault: As per a professional Injury Lawyer in Ajax, the main difference depends on the fault in an accident. Basically, the negligence is compared in both the cases and if the employer is somehow found negligent that resulted in a worker’s injury then it becomes a workers compensation claim case. On the other hand, if the injury took place despite of following all precautions and safety measures, then it will be a personal injury claim case.
• Damages: Second main difference between these two claims depends on the damages incurred by the worker. In personal injury claim, the injured worker is entitled to receive the damages for medical expenses, loss of income and pain and suffering. While in worker’s compensation claims, there are no compensations for pain and suffering factor. Moreover, worker compensation is usually paid weekly or in terms of periodic payments, while injury claims are mostly paid in lump sums.
• Right to Sue: Third main difference between these two types of claims depends on the right to sue. According to a professional Injury Lawyer in Ajax, once an injury case has been filed, an injured worker can’t file a workers compensation claim. In a majority of cases, an injured worker has to sacrifice his or her right to sue the employee because an injury case has been filed and therefore workers compensation is not granted.
• Liability: Lastly and most importantly, the main difference between these two claims depends on the liability for an injury. Quite similar to the fault factor, if once the liability is clear for a worker’s injury,then it can become transparent whether the worker deserves a worker’s compensation or a personal injury claim.
It is important to know that it is not mandatory for all the employers to provide workers compensations to their employees. The situation may vary from state to state and employer to employer depending on the type of business. Visit Here: BLF Personal Injury Lawyer
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