Home Law Personal Injury Claims: Top 3 Employee vs. Business Differences

Personal Injury Claims: Top 3 Employee vs. Business Differences

by Lois Earles


Imagine a scenario.

As an employee of a construction company, you’ve been working with heavy machinery for a long time. But today, due to some malfunction, you’ve been hurt. And the injury you have sustained is so severe that you’re unable to work for months. Fortunately, you talk to your employer, and they say that the worker’s compensation will cover your injury-related expenses. So, you’ll get both your wages and financial support for medical bills.

Nonetheless, when you get your check in the next month, you find that you’ve been paid only two-thirds of the total amount. That’s cheating, right?

Yes, when it comes to a personal injury sustained in a workplace, you can surely make a claim against your organization. But how do you do that? How do you understand if you are eligible for a personal injury claim or a worker’s compensation case?

Let’s find out:

Personal Injury Claim Vs. Worker’s Compensation

When you get injured in your workplace, you can pursue compensation in two different ways, including: a worker’s compensation and a personal injury claim. Even though they serve almost a similar purpose, they are quite different from each other.

Here’s what you need to know about it:

1: The Difference In Finding ‘Fault’

Personal Injury Claim: In a personal injury claim, the injured person must prove that the issue had occurred without them being at fault. So, they have to lawfully blame it on their organization to get the money they need as compensation.

On the other hand, the organization has to prove that they are innocent and are not at fault. It can be done through a series of proofs that the company didn’t contribute to the injury. Photos and CCTV footage can be beneficial for both parties in this aspect.

Worker’s Compensation Claim: In this case, however, the employee is entitled to get whatever amount they’re supposed to get without showcasing anyone’s fault.

Even if you were negligent in your approach, you are still entitled to receive the money. But it might be better to talk with an attorney before making a claim.

2: Damage For Suffering And Pain

Personal Injury Claim: Although a personal injury claim asks you to prove your innocence, it can also help you get paid for damages you’ve suffered. These may include: medical bills and future medical expenses. The permanent impairment will be a part of it too.

The organization may avoid paying anything by proving that the accident wasn’t their fault. In that case, they won’t have to pay anything at all.

Worker’s Compensation Claim: In this case, you will only receive your weekly wages and permanent impairment benefits. Medical bills will be a part of it as well. However, you’re not going to accept anything concerning future medical bill expenses.

3: Suing Your Employer

Personal Injury Claim: If you think that your employer is at fault for your accident, you might be able to sue them too. Apart from the usual, it will also help you get damages related to the pain and suffering that you’re going through. So, making a claim and the compensation will be much larger and higher.

But, if you can’t prove that your organization was at fault, they might sue you for defamation. In that case, you might have to give them money and a written legal apology.

Worker’s Compensation Claim: With worker’s compensation, you will lose the right to take legal action against your employer. Hence, while you will be reimbursed for your damages and get the weekly wages, you can’t get paid for your suffering.

The Bottom Line

Proving a personal injury claim, especially in the workplace, can be quite difficult. Even if your accident were planned deliberately by someone else, you’d have to prove it somehow.

And if they have hard proof working in your favor, it’ll be impossible for you to prove your innocence. So, if you don’t have a good lawyer by your side, it might be best to opt to go for worker’s compensation. It’s safer and helps you get your wages even if you are not working.

Good luck!

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