Accidents can happen to anyone, anywhere, and at any time. Sustaining an injury due to an accident could lead to significant pain, medical expenses, and lost wages. Two primary legal options are available to individuals in Glendale who suffer workplace accidents or other types of accidents: workers’ compensation and personal injury claims.
Understanding the differences between these two legal options is crucial for making informed decisions about pursuing one. The team at Glauber Berenson Vego will explore the key differences, eligibility criteria, fault requirements, and the types of injuries covered by each claim.
Eligibility Criteria and Fault Requirements
Workers’ compensation is a state-regulated insurance program that provides benefits to employees who suffer injuries or illnesses in the course of their employment. To be eligible for workers’ compensation benefits, the following criteria must be met:
- The accident or injury occurs while the employee is on the job.
- The employer carries workers’ compensation insurance.
- The employee reports the injury to their employer within a specific timeframe.
Workers’ compensation is a no-fault system, meaning the injured employee does not have to prove that their employer was at fault. As long as the accident or injury occurred while the employee was on the job, they are generally entitled to workers’ compensation benefits.
On the other hand, a personal injury claim requires the plaintiff to prove that the defendant was at fault for their injuries. In a personal injury case, fault is determined by negligence. Negligence occurs when someone fails to exercise reasonable care, resulting in injury to another person.
Types of Injuries Covered
Workers’ compensation covers injuries or illnesses that occur during the course of employment, regardless of who was at fault. This can include slip-and-falls, repetitive motion injuries, occupational diseases, and other workplace injuries.
A personal injury claim, however, covers injuries sustained due to another party’s negligence. This can include car accidents, medical malpractice, product liability, premises liability, and more.
Compensation Available
The scope of compensation available through workers’ compensation and personal injury claims also differs significantly.
In a workers’ compensation claim, the injured employee is entitled to medical expenses, lost wages, and disability benefits. Disability benefits are usually paid out in weekly installments and are designed to compensate the employee for lost wages due to their injury or illness.
In a personal injury case, the plaintiff may be entitled to a broader range of damages, including medical expenses, lost wages, compensation for pain and suffering, emotional distress, and other non-economic losses.
3 Real-World Examples
To better illustrate the differences between these two legal options, let’s consider some real-world examples:
- Example 1: A construction worker falls off scaffolding while on the job and sustains a broken leg. The worker would likely be eligible for workers’ compensation benefits because the accident occurred while on the job.
- Example 2: A driver is rear-ended by another driver and sustains a whiplash injury. The injured driver may be able to pursue a personal injury claim against the at-fault driver for medical expenses, lost wages, and pain and suffering.
- Example 3: An office worker develops carpal tunnel syndrome due to typing on a computer all day. The worker would likely be eligible for workers’ compensation benefits because the injury occurred during employment, regardless of whether the employer was at fault.
These real-world examples illustrate the differences between workers’ compensation and personal injury claims. No matter the type of accident or injury, it’s important to understand your legal options and seek the appropriate compensation for your losses.
Whether you’re eligible for workers’ compensation benefits or need to pursue a personal injury claim, consulting with a qualified attorney can help ensure that your rights are protected and that you receive the compensation you deserve.
How Our Attorneys at Glauber Berenson Vego Can Assist You
Workers’ compensation and personal injury claims are two legal options available to those who suffer injuries due to accidents. While workers’ compensation covers injuries sustained on the job, personal injury claims cover injuries due to another party’s negligence. Understanding the key differences between these legal options is crucial for making informed decisions about which one to pursue. If you’re unsure which option is best for you, it’s always recommended to consult with a qualified attorney who can guide you through the process.
Our attorneys at Glauber Berenson Vego are ready to help you in various aspects of your case, including filing your initial claim, appealing a denied claim or early termination of benefits, accessing treatment, and more.
Our attorneys at Glauber Berenson Vego are ready to help you in various aspects of your case, including filing your initial claim, appealing a denied claim or early termination of benefits, accessing treatment, and more.