Best Personal Injury Lawyer
Workers’ comp and personal injury claims are often classified together, but they’re actually very different types of claims. Workers’ compensation insurance covers very specific injuries and conditions that occur in employees. Personal injury lawsuits typically involve negligence. To have a personal injury claim, someone must be at fault. You might be wondering if you can collect workers’ compensation for a personal injury. The answer depends on the circumstances of your situation.
Workers’ Compensation Benefits
If you were injured on the job, your employer is required to pay your medical bills. Most employers are required by law to have workers’ comp insurance, which covers the benefits you’re entitled to receive after an injury. If you are temporarily unable to work, workers’ comp insurance would pay a portion of your lost wages. You may be entitled to receive vocational training if your injury renders you unable to perform your job before the injury.
It gets more complicated if your employer doesn’t have workers’ comp insurance. Smaller employers may not be required to have workers’ comp insurance. If you are an independent contractor, workers’ compensation insurance may not cover you. In some places, seasonal workers are not covered under workers’ comp.
In most states, if you file a workers’ comp claim for an injury, you give up your right to sue the employer for the same injury. Workers’ comp claims do not generally provide compensation for pain and suffering. However, workers’ comp claims do not need to prove that the employer (or anyone else) was at fault for the accident. Typically, workers’ comp benefits are paid out more quickly than personal injury lawsuits. You could receive money within days of your injury to pay for lost wages, whereas with a personal injury claim, it could take months.
Personal Injury Lawsuits
Personal injury lawsuits are about fault. The relationship between the injured and the other party doesn’t depend on employment. You could be a customer in a store who gets injured and file against the store to pay for your injuries. You could also file a personal injury lawsuit against a doctor who commits malpractice. The circumstances are very different.
In some workers’ comp claims, a third party unrelated to the claim may be involved in the accident or injury. In this case, the employee may have a claim against that third party. It’s called a combination case. You should discuss your situation with an attorney to help you assess your claim and to find the best options. Contact the best personal injury lawyer in Philadelphia today.
Thanks to Wieand Law Firm, LLC for their insight into personal injury claims and workers comp benefits.