Knowing the difference between workers’ compensation and personal injury claims
Knowing the difference between a workers’ compensation claim and a personal injury claim could save you a great deal of trouble, especially if you own a business. These two aspects of the law are commonly misunderstood for one another and they each have different consequences, remedies, and implications. It’s important to understand the difference between these two legal concepts so that you’re able to properly gauge the risks and stakes involved in your particular claim. Here are the main differences between a workers’ compensation claim and a personal injury claim:
The element of fault
In order to understand the differences better, we first need to understand the concept of fault. Fault refers to either the deliberate or negligent failure of an individual to comply with law or act in a reasonable and responsible manner, thus causing an injury to another person. Fault is also referred to as “tort”, and states differ in how they treat tort.
Purpose
While both a workers compensation claim and a personal injury claim are meant to help an injured employee secure a fair and full compensation for his or her injuries, a workers’ compensation lawsuit does not attempt to determine which party is at fault, but rather whether the injuries were the result of a work-related accident. Furthermore, the purpose of holding a workers’ compensation lawsuit is also to help protect employers from false claims. In contrast, a personal injury lawsuit seeks to determine whose actions led to the accident that caused the injuries of the claimant.
Implications
When a respondent loses a workers’ compensation lawsuit, the respondent (the employer of the claimant) simply pays for damages that are determined by the court. There are no other adverse effects on the respondent’s standing society. However, if a claimant is found to be deceptive in filing the claim, the claimant may be charged for fraud.
On the other hand, losing a personal injury case can either mean that the claimant is indeed entitled to compensation from the respondent, or not (if the court deems that the accident was through the claimant’s own fault.) More than this, if an accident was borne out of gross negligence, or if there are aggravating circumstances such as death or severe injury, criminal charges may be filed on top of civil charges.
If an individual gets a criminal conviction, this will affect many aspects of his life. A hefty fine and jail time are not the only consequences of getting a criminal conviction. A criminal record can affect your chances of finding employment, securing a mortgage (this has an indirect effect), and it may even affect future personal injury claims. It’s also for this reason that it’s important that you hire a seasoned personal injury lawyer like the ones at The JLF Firm.
Knowing the key differences between a workers’ compensation lawsuit and a personal injury lawsuit allows you to determine the best approach to address the problem presented to you. While your lawyer is going to handle most of the work, it’s still important to understand what’s happening so as to avoid making any unnecessary errors.