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Differences Between Personal Injury and Workers Compensation Injuries
James • Apr 16, 2020
Accidents happen all the time, from car accidents to slips and falls. People get hurt in both their private lives and also while at work. Work injuries are even more common among those who do physical labor. However even a work related car accident is not all that uncommon.
One of the most common problems that many workers and / or personally injured individuals happen to face, is the ability to understand the differences between workers comp and personal injury cases.
There are a certain requirements that underlines the eligibility for an individual to make a workers compensation claim, or to file a personal injury lawsuit. Regardless of what type of claim you may qualify for, we can probably help you. So lets discuss the differences between the two kinds of cases and determine what kind of case you may qualify for.
Please note: at Leavitt & Martin PLLC we help clients with both workers compensation and personal injury cases here in the greater Richmond Virginia area.
Policies Differentiate According to State Law
It is vitally important for individuals to understand that policies that form the basis for the eligibility and negligence criteria in worker comp and personal injury cases. They differ according to each State. Lets take a look at both and discover what makes them different.
What is Workers Compensation in the State of Virginia?
Workers compensation is an insurance program which is required for employers to carry in every State. In Virginia, employers that operate a business and consists of three or more employees, must purchase workers comp insurance or the self-insurance policies. Employees that work within the State of Virginia, despite which company, are not required to purchase their own personal workers compensation insurance. As a result, in case of an injury or if a workers comp claim is accepted, the employers insurance plan pays out cash to injured workers, including medical benefits to the individual (employee) who was injured or harmed during work or while doing work-related tasks. The insurance company also pays benefits to employees who defined as occupational disease.
What is a Personal Injury Case?
In the State of Virginia, a person that files personal injury case is an actual “lawsuit” that is proceeded in a State court. In order to win such case, the claimants lawyer must provide evidential grounds, proving that the other party, organization, individual or company has indeed acted negligently and that such actions resulted an injury to the claimant.
Important Facts to Know
One of the major differences in personal injury and workers comp are the types of damages observed in such situation. In a worker’s compensation cases, the worker isn’t entitled to benefits for pain and/ or suffering. Likewise, in a personal injury claim, the injured party is entitled to all damages, including suffering and pain/injury.
If you are someone that has been injured on the job, or want to make a personal injury claim, please reach out for a free consultation. We are here to help and would love to serve you.
If you are someone that has been injured on the job, or want to make a personal injury claim, please reach out for a free consultation. We are here to help and would love to serve you.
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