Two of the most commonly confused aspects of the law are that of personal injury law and workers’ compensation. While both of these areas of law cater to situations where injuries are incurred, there are a few key differences that would differentiate them.
It goes up to a point where if you’re running a company, knowing the difference between them can save you a great deal of trouble. So, what is the main difference between personal injury and workers’ compensation?
A fault is defined as a negligent or intentional failure of an individual to act reasonably or to comply with laws. It can be defined by an act of improper omission by way of ignorance, neglect, or carelessness, that causes injury to another person.
The main and most important difference between personal injury law and workers’ compensation law is the element of fault. Here’s how each aspect is affected by the element of fault:
Personal Injury Law
The primary determining factor in whether or not you’re eligible for compensation in a personal injury claim is whether or not the fault lies with the defendant.
Therefore, the burden of proof lies with the plaintiff to prove that the defendant acted in a negligent and even malicious manner that caused injury to the plaintiff.
If the fault was not in the defendant, the court will not oblige the defendant to give compensation.
Workers’ Compensation Law
In the case of a workers’ compensation case, there is no need to prove fault. Even when the complainant is at fault, the complainant is still entitled to receive workers’ compensation benefits, albeit, with some limited exemptions.
Another key difference between personal injury claims and workers’ compensation claims is that in a personal injury claim, when the defendant is proven to be at fault, the defendant is not only entitled to compensation for his injuries.
They’re also entitled to claim damages. Damages can often include emotional, occupational, psychological, etc.
This is not true for a workers’ compensation claim wherein the claimant is entitled to receive only weekly compensation, permanent impairment benefits, medical bills, and vocational rehabilitation and nothing more.
The rationale behind this is that a workers’ compensation claim is treated as a trade-off between employers and employees.
The workers’ compensation law ensures that all injured employees receive compensation in the form of weekly benefits and also with the payment of their medical bills, but they lose the option to sue their employer.
This, however, has an exemption, which is the case when an employer’s intentional act causes your injury. If this is the case, the injured employee is now entitled to file a lawsuit and the employee can also sue for damages.
Accidents happen in the workplace more commonly than you might think. The importance of knowing the laws that encompass such scenarios grant those who are aware of these laws an advantage in that they won’t panic and they will be able to react in a more effective manner.
Whichever the case is, you’re going to be better off by consulting specialists like these Olympia Injury Lawyers if you need help in determining what your best course of action is.