How Workers’ Compensation Claims are Different From Personal Injury Cases
Many people expect a WC claim to net the same types of damages that a personal injury case does. After all, both types of claims can involve injury, lost wages, and medical bills. However, WC claims and personal injury cases follow different laws and procedures.
Workers’ Compensation is a No-Fault System
Injuries happen all the time at places of work. Some jobs come with risks that almost guarantee an injury at one point or another. Employers do not have the time or funds to go through litigation for every injury that occurs. Even one lawsuit can put a company out of business. Because of these factors, employers pay for workers’ compensation insurance. This insurance covers medical bills and lost wages no matter how the injury happened or who holds the fault. Suffering an injury during work or work-related activities entitles you to workers’ compensation. Sometimes, WC claims do not happen as smoothly as they should, if at all. You will need Las Vegas injury lawyers on your side to make sure you receive the proper benefits.
Personal Injury Involves Negligence and Proof of Negligence
Personal injury cases arise from injuries suffered because of someone else’s negligence. These claims require proof of negligence, investigation, negotiations with insurance providers, and even a trial if you cannot reach a settlement agreement. Sometimes, it is possible to sue an employer if they do not carry WC insurance or if you can prove that they caused harm intentionally.
You Can Sometimes Do Both
An injury stemming from the negligence of a third party can allow you to file for workers’ compensation while pursuing the third party for damages. For example, if a third party erects scaffolding that collapses while you are on it, you can sue that third party while filing your WC claim. In all cases, you should speak with an injury lawyer to discuss your options. An attorney will know the best course of action to take to help you recover the compensation you need for your injuries.