Those severely injured on the job may find that they need to file a claim. Depending on the injury’s circumstances, the worker and their family can then determine the best option for securing the necessary financial support as they recover. To determine the best option, we will discuss a few key differences between the two.
Workers’ comp claim
Those injured on the job while performing their duties can file for worker’s compensation. One of the significant advantages is that the applicant need not prove that the employer, coworker or someone else caused your injury. If the application is approved, the applicant will then receive worker’s compensation benefits.
These weekly checks can help the injured worker support their family and pay bills while they are out of work. Workers’ comp also covers related medical expenses not covered by insurance, permanent impairment compensation and vocational retraining if the injury necessitates a change in jobs.
Personal injury claim
The major difference from workers’ compensation is that a personal injury claim must involve negligence. The injured worker is a victim who was injured due to someone willfully causing harm or negligent actions causing injury. It can be a coworker, employer or third party. The victim must prove that the third party’s safety equipment failed or that their employer had an unsafe work environment that caused a slip and fall injury.
The injured then file a claim. Generally, the negligent party’s insurance carrier will dispute the claim in court or settle the claim at some point before the judge issues a verdict. These cases take months or years to resolve, but they are generally worth more money in damages.
It can be hard to determine the right course of action
The claims process for each option is complicated, so attorneys will often provide invaluable guidance for which avenue to pursue. In some instances, the plaintiff can even seek workers’ compensation from work and personal injury from a third party.