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The Key Difference Between Personal Injury and Workers Compensation Cases

When people get hurt at work, it could be labeled as either a workers’ compensation case or personal injury case. Individuals who are entitled to workers’ compensation may be able to recoup lost wages and the cost of medical bills. However, in a personal injury case, a person may be entitled to punitive damages up to any state or federal compensation caps.

An Overview of a Workers’ Compensation Claim

An employer is liable for providing a safe workplace for employees. Therefore, if someone is injured during the course of performing a task for his or her employer, the worker may be compensated even if he or she was at fault for causing the injury. An exception may be made if an employee was impaired or otherwise engaged in egregious behavior. The system is designed to help workers get paid in a timely manner and to help employers avoid time-consuming and expensive litigation.

An Overview of a Personal Injury Claim

Personal injury claims may be made if a worker is hurt because of the gross negligence of an employer. Such claims may also be made if faulty equipment was to blame for an accident. For instance, the maker of a fall arrest system may have liability for an accident involving a harness that was manufactured with a defect. In such a case, an individual may have grounds to file a defective product claim as well as a one against his or her employer for negligence.

Personal Injury Attorneys Generally Offer Free Consultations

A personal injury lawyer may be able to advise someone about whether he or she can file a personal injury or workers’ compensation claim. Regardless, an attorney may be able to help an injured worker with the process of obtaining compensation that may make it easier to pay bills or cover other expenses while out of work.