Personal Injury VS Workers Comp
PI Vs. Workers Comp: What’s Different? What’s Similar?
Depending on what circumstances you, an employee, or a loved one might be in, you might have a lot of trouble telling the differences between a personal injury vs workers comp situation. As a matter of fact, many people actually call workers compensation claims personal injury claims, when it’s not actually true in a technical sense.
If an injury happens during work hours, then whether or not they get filed as a worker’s comp claim or a personal injury one will depend on a number of factors. For example, if you slip and fall at your job, it might fall under either category, contingent upon several different factors.
Typically, worker’s comp claims are for very particular conditions or injuries that have been clearly defined by contract or law. Having said that, there are three primary differences between these two types of situations.
For starters, determining fault matters. If a personal injury lawsuit is what you’re going to file specifically, then someone either has to be at fault or liable. For the majority of cases, that’s going to involve some kind of negligence. In contrast, workers compensation might covers some injuries even when no supervisor or employer is at fault.
Secondly, damages are different. In personal injury cases, victims can be potentially entitled to all kinds of damages that they might have personally gone through, which could include pain and suffering, if proven.
On the other hand, workers compensation won’t include things like pain and suffering. On top of that, injury damages sometimes get awarded in a lump sum whereas workers compensation is more likely to be a series of periodic payments, such as weekly, biweekly, or monthly.
Third, the right to sue is different. If you file for workers compensation, you aren’t allowed to file any lawsuit against your employer after that. The majority of cases means that a worker will forfeit his or her right to sue their employer once they file for or start collecting any workers compensation regarding a particular injury.
Interestingly, there are two small categories of employees that don’t actually fall under the purview of any existing workers compensation laws.
The first category is interstate railroad workers, who fall under the jurisdiction of the Federal Employers Liability Act, or FELA. Also, crews of vessels, such as freighters and cruise ships, are covered by the Jones Act, which lays out how they can sue employers for injuries, including pain and suffering.
Now that you’ve read this article, you should have some understanding of the similarities and differences between personal injury vs workers comp.
As with all legal matters, the specifics of any individual case or situation determines quite a bit, and the complexities of the law likely mean you still have questions that this article can’t hope to answer.
If you need more help, find a top personal injury lawyer or workers comp attorney. Hopefully, you can find someone skilled, affordable, and willing to offer you a free consultation about your case before demanding a retainer.
Finding Top Personal Injury & Workers Comp Attorneys
Most of the time you will find that a personal injury lawyer will handle most all injury cases including wrongful death, car accidents and workers compensation cases. Yet you want an attorney who focuses on Workers Comp cases. Newman Williams is a Stroudsburg, Pennsylvania law firm that handles a number of different practice areas. The law firm has personal injury attorneys, as well as workers comp lawyers that are experts in workers injury cases.
Famous People Who Have Died in Car Accidents
Motor Vehicle Accidents – Famous People Who Have Died
In November 2013, the world was left stunned by the sudden death of Fast & Furious actor Paul Walker. The 40-year-old died while riding with friend Roger Rodas in a 2005 Porsche Carrera GT at 90 mph. Rodas lost control and the Porsche slammed into a light pole before bursting into flames.
James Dean
In September 1955, 24-year-old James Dean collided with another car on US Route 466. The heartthrob and racing enthusiast died at the scene. Just a week before, fellow actor Alec Guinness told Dean, “If you get in that car, you will be found dead in it by this time next week.”
Grace Kelly
In September 1982, actress turned princess Grace Kelly suffered a stroke while driving and drove off a cliff. She had major injuries and was taken off life support the next day. Her daughter, Princess Stephanie, survived the crash.
Randy Macho Man Savage
In May 2011, Randy “Macho Man” Savage suffered a heart attack while driving and crashed his Jeep into a tree. Savage died from his heart attack, but his wife, Barbara Lynn, survived the crash.
Ryan Dunn
After risking his life performing deadly pranks on TV, Jackass star Ryan Dunn crashed his Porsche 911 into a guardrail before it burst into flames. According to the police report, Dunn had an alcohol level of more than twice the legal limit and was driving at 130 mph. Dunn and his passenger Zachary Hartwell were killed.
Car crashes and serious automobile accidents claim people every single day, if your a normal regular guy or a world famous actor like James Dean with his whole life ahead of him. LEARN from these tragic accidents and be careful when driving and DO NOT SPEED or Drive Wreckless.
If you or someone you know has been injured in a serious accident, then you must get a top rated personal injury lawyer who specializes in motor vehicle accidents. Most of the time the consultation is free and you dont have to pay any fees until you get a settlement.
How to Find the Right Personal Injury & Accident Lawyer (Infographic)
Looking for a Personal Injury Lawyer?
If you have been involved in a serious accident that has resulted in serious injuries, you probably need the help of a top notch Personal Injury Attorney.
Below is an infographic from Enjuris that shows how to find the right personal injury lawyer.
Auto Accident Lawyers North Carolina
Being involved in a Motor Vehicle Accident can be a traumatic event. Some of the questions that we get about being involved in a auto accident or about what to do after a car accident are “What do I do right after an Asheville automobile accident?”, “What to do after a car accident that is my fault” or “What to do after a car crash that is not my fault”, as well as questions like “What to do after a minor car accident” or “what happens if someone else is driving my car and gets in an accident”.
5 Top Things to Investigate After Car Accident (Infographic)