Differences Between Workers Compensation And Personal Injury
Distinguishing between workers compensation claims and personal injury lawsuits can be tough, especially when there are so many who even classify workers compensation claims as personal injury lawsuits. While thinking of workers compensation claims like that is not a terrible mistake to make, it is still important to correct this misunderstanding.
When an employee sustains an injury during working hours, there are multiple things to consider in order to determine whether the right course of action is to file a personal injury claim or a worker’s compensation claim. Though it should be noted that workers compensation claims are only an option for a specific set of injuries and under specific circumstances which are all listed in the worker's contract or set by the law.The most notable differences are the following:
• Liability: In order for a personal injury lawsuit to be successful, there need to be a party which can be held liable for the sustained injury. The majority of the time, liability is determined by proving negligence on said party's part. This is in contrast to workers compensation claims which can still be successful even if no one was at fault, as long as the sustained injury is legally covered under this claim.
• Damages: When it comes to personal injury claims, a success means obtaining damages for the plaintiff. One of these damages is pain and suffering, which is frequently awarded in the case of personal injury claims, but never in the case of workers compensation. Furthermore, the awarded damages are often paid as lump sums when it comes to a settled personal injury case, whereas workers compensation claims will lead to periodic payments in the vast majority of cases.
• The Right to Sue: After the plaintiff has filed their workers compensation claim, their right to sue their employer has been forfeited. What this means is that, if your claim has been filed, or if you are currently receiving compensation for your injury, you will no longer be able to sue your employer because of the incident which led to that specific injury.
What you should take away from this is that, if you have gotten injured at work, it is best to focus first on who is liable for your injury. If a certain party, that isn't yourself, stands out, then you will likely have a personal injury lawsuit on your hands and not a worker’s compensation claim.
This is the right time to talk with a Personal Injury Lawyer in Victoria so that they can help you get the right focus and clarifications on your case. It helps to consult with a professional lawyer with considerable experience.