If you have a work related injury, you may be considering a workers compensation claim. Yet, perusing a personal injury action is something you should consider. The first thing you need to do is understand the difference between a Workers’ Compensation Claim and a Personal Injury.
Personal Injury vs. Workers’ Compensation Claim
The biggest difference between a Personal Injury and a Workers’ Compensation Claim are the fault requirements. In a Personal Injury claim, you are arguing that the other person was negligent, or, in other words, they have done something wrong. A Workers’ Compensation Claim admits no fault on the other person; it just means that you were injured while on the job.
Fault in a Personal Injury Claim
Take for example a slip & fall. This is a common example of a personal injury case. Yet, because you slipped and fell on someone’s property doesn’t automatically mean that the owner of the property did something wrong. There are plenty of scenarios where accidents happen and no one is at fault—it just happened. However, if the home owner negligently maintained the property, which caused you to slip and fall, they are at fault.
Workers’ Compensation Cases Do Not Need Fault
You may already know that in a Workers’ compensation case, all employees on the job that is injured is able to claim workers’ compensation benefits. Yet, there are exceptions. In order to claim workers’ compensation benefits, you do not have to claim that your co-workers or your employer did anything wrong. If you did something wrong, and then you got hurt on the job, you are still eligible for workers’ compensation benefits.
What Are the Differences Between Workers’ Compensation and Personal Injury?
The biggest difference between these two claims is the fact that in a workers’ compensation case, you are not eligible to receive benefits for pain and suffering as you would in a personal injury case. When you file a personal injury claim, you are able to get back all damages you suffered. This could be anything from lost earnings, lower earning capacity, doctor’s bills, future doctor bills, any permanent damage or impairment, loss of enjoyment of life, and more.
How Can a Personal Injury Attorney Help You?
There are many reasons to hire a personal injury attorney and it is dependent upon the individual client. However, here are a few reasons to consider when deciding to hire a personal injury attorney or not:
- They Know How To Assess Claims.
As it is their profession, personal injury attorneys have much experience with cases. This means that an attorney will be able to tell you if your case is worth pursuing legally or not. If the attorney believes that you are not very likely to win your case, you can save your time and money on the preparations for litigation.
- Complicated Process.
As with many legal issues, there is so much red tape. The legal system is complex and it is easy to get lost or confused when attempting to do it all yourself. Whether it is the procedure, specific terms or jargon, or the paperwork itself, a personal injury attorney can help you deal with all that comes with filing a personal injury case.
- Attorneys are Objective
Because you were injured, you may have anger, frustration, pain, etc. that you are dealing with that can blur the facts and situation. Having an outside perspective, someone who can see the facts, can help by making reasonable decisions, as opposed to rash decisions, and can logically put your case together.
Personal Injury Law Firm Fort Lauderdale
Are you searching for a personal injury law firm in the Ft. Lauderdale area? Contact the professionals at APM, Abramowitz, Pomerantz, and Morehead, P.A. Florida Injury Lawyers. Our attorneys can help walk you through the process of a personal injury claim. Whether you need help deciding if your case is worth pursuing in litigation or you already know you have a solid case, our attorneys are here to help! Call the Abramowitz, Pomerantz, and Morehead, P.A. Florida Injury Lawyers today at 1-800-909-5529.