Should You File For Workers Compensation? What Women Need To Know : If you have had a workplace injury, like slipping or falling for example, you may have been thinking about filing a workers compensation claim. This may be on your mind so you can pay off expensive medical bills and have a recovery time that the doctor recommends.
Not many people know this, but you can also file a personal injury claim instead of workers compensation and potentially get better compensation.
Workers typically assume that getting injured at work only gives them the option to file for workers compensation. However, in some situations you can actually file a personal injury claim for your accident.
Let’s take a deeper look at the information you desperately need to know when it comes to workers compensation and personal injury claims and how they are different, allowing you to make a more informed decision.
All About Workers Compensation
Proving fault is the main factor between workers compensation and personal injury. If you are injured at the workplace, or anywhere else while performing your work tasks, and file for workers compensation, you won’t have to prove someone else is at fault.
You are eligible to get workers compensation benefits even if the injury was somehow your fault. This type of coverage protects you, even if the injury would have occurred while not on the job.
With this type of injury claim, you may not receive any compensation outside basic costs. For instance, getting money for pain and suffering. What you do receive is coverage for medical expenses, permanent impairment issues, weekly compensation for salary, and injury recovery, if needed.
All About Personal Injury Claims
This type of claim is not limited to a particular set of people. Actually, anyone who has been injured due to negligence of someone else can pursue a personal injury lawsuit.
However, before you can get compensated you need to be able to prove that another party at fault for the injuries. This is unlike a workers compensation claim, since under workers compensation, you do not have to prove fault.
Personal injury damages include lost wages, medical expenses, loss of future earning, as well as compensation for pain and suffering experienced because of the injury. Unfortunately, workers compensation claims do not cover this.
Potential personal injury lawsuit examples include:
- If you were injured at work you could successfully file a personal injury claim if the injury involves a product that was defective. That would allow for a claim against the manufacturer of the product.
- Another case is if your employer’s behavior was intentional, or would obviously cause severe harm or death, if the injury involves an illegal or toxic substance, if the employer has failed to include workers compensation, and if the injury has resulted from the negligence of a third party who does not work for the company.
- Injuries that involve slipping or falling are directly categorized as premise liability claims. It is essentially a personal injury claim based on tripping or slipping on property where the injury happened. If you were injured due to a property owner’s negligence, like at a gym for instance, you are eligible for compensation.
Slips and Falls at Your Gym
Liability of your gym for injuries caused by slips and falls may arise based on ownership or control of the place where the accident happened. If a company rents the building space, but doesn’t own the building, they could still be at fault for accidents that happen on the premises due to safety violations.
It’s technically still under their jurisdiction during the time of the incident with the company’s control of the rented property. The building’s owner or landlord could be responsible for bodily harm that people get from a slip and/or fall related injury that happened outside the building too. One example would be an injury that happens in the parking lot, or on the sidewalk.
Work Accident Claims Require an Experienced Lawyer
It’s almost impossible for anyone to take care of these type of legal cases without an experienced lawyer. There are a lot of legal mazes that you will need to navigate when going through a workers compensation or personal injury case.
“Additionally, an attorney who has handled thousands of cases in the fields of worker’s compensation or personal injury are more likely to receive a favorable verdict than someone pursuing the same goal with no legal background,” Wilson Injury Law explained.
Insurance companies even have strategies that they use to ensure they pay only the minimum possible amount. Never try to fight a battle against a huge company that has more resources and experience without getting some professional support of your own, to get the settlement you deserve.
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Should You File For Workers Compensation? What Women Need To Know
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