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Differences of workers’ compensation claim/personal injury claim

On Behalf of | Jan 31, 2019 | Workers' Compensation

When there has been a major incident at work, the hope is that it won’t affect a person’s health. However, a worker could have been involved in an incident that is physical, rather than administrative or disciplinary. These incidents can also be known as work accidents in which injuries result. How do you know if your work injury should be handled as a workers’ compensation claim or a personal injury claim?

That question can be more easily answered if understanding the difference between the two claims. Workers’ compensation is a form of insurance that employers are required to have in order to provide benefits to employees who are injured in a work-related accident. Personal injury claims allege negligence on behalf of their employer that resulted in their work injury.

The difference is a matter of alleged negligence, or lack thereof. Beyond that, resolutions in workers’ compensation claims are often faster and more quickly settled. Personal injury claims on the other hand, can take more time. However, if a person’s injury is significant and/or if there was a particular wrongdoing on behalf of the employer, many want to hold a party accountable. If a person files and accepts a workers’ compensation claim, it generally waives a person’s right to seeking a personal injury claim for the same incident. This is something to consider before making a decision either way. That’s why if you are well-versed on your options for recuperating and recovering damages after a work injury or illness, it can make it easier to make the right decision.

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