Workers compensation claims are not the same as personal injury claims. They differ in deadlines, compensation levels, and liability. A personal injury claim involves a third party’s negligence that leads to injury or damage.
Worker’s compensation is not linked to fault
Worker’s compensation is a legal system that covers injuries that result from employment-related incidents. In some situations, it overlaps with the personal injury system. For example, if you’re in an auto accident caused by another driver, you can file a claim for your injuries. Depending on the circumstances, you may also be able to make a personal injury claim against the other driver, as well.
In many cases, workers’ compensation protects employers and co-workers from lawsuits for work-related injuries. However, this protection has its limits. In the vast majority of cases, the defendant in a workplace injury lawsuit is either a subcontractor or another entity outside the employer. In other situations, you might be able to bring a lawsuit against the manufacturer of a defective product or against your employer for intentional or negligent behavior on the part of the manufacturer.
It doesn’t stop you from suing a third party
While you cannot sue your employer for an injury sustained at work, you do have the right to file a third-party claim if you were negligent or the other party was negligent. You can sue a contractor, subcontractor, property owner, negligent driver, or any other third-party. While the rule regarding employee compensation does not apply to third-party liability, you can file a lawsuit if a third-party was negligent in causing the injury.
In many cases, third-party negligence has resulted in injuries caused to employees at work. In such cases, the injured worker may pursue legal action against the third-party employer for damages related to pain and suffering, lost wages, and any permanent disability. In some instances, the injured employee may also pursue compensation for disfigurement, loss of enjoyment of life, and more. This means the third-party employer is liable for the injury that caused the injury, and this can be a very serious situation.
It has different deadlines
The time frame for filing a personal injury claim is often different from the time frame for filing a workers’ compensation claim. Workers’ compensation deadlines typically run from one to three years after the accident or injury. However, some states allow longer time frames. Depending on the state, workers may still be eligible for compensation if they give their employer written notice of the injury within 30 days.
Workers’ compensation deadlines are more detail-oriented and deadline-specific. As such, it is important to notify your employer of the injury as soon as possible. If you wait too long, the insurance company may deny your claim. In North Carolina, for example, workers must file their claim with the N.C. Industrial Commission within 30 days of their injury.
It’s not compensatory
Workers compensation is a government program that covers workplace injuries and illnesses. Unlike other forms of compensation, workers’ compensation benefits are not intended to reward the claimant for their carelessness. Rather, the purpose of compensatory damages is to return the injured person to his or her pre-injury position. In Missouri, for example, an injured worker must notify the employer within 30 to 45 days of the injury. If the employee fails to notify the employer within this time period, they will likely lose their workers’ compensation benefits.
Personal injury claims can include damages for pain and suffering, as well as loss of enjoyment of life. A lump sum settlement is available in most states and jurisdictions, although 12 jurisdictions do not. The insurance company and employee are typically more likely to settle quickly than pursue a lengthy and drawn-out compensation case.
It’s not linked to fault
If you’ve been injured on the job, you might have questions about whether you can file a personal injury claim. Although workers’ compensation laws are strict, there are many cases where you can file a personal injury claim against a third party. These cases can range from defective products to negligent contractors. In these situations, you’ll need an attorney who has experience in personal injury claims and can determine which type of claim will be the most effective.
In some cases, a workers’ compensation claim can be appealed administratively. However, this can take a long time and be very expensive. It can also be challenging to make a successful appeal. In other cases, you might be able to file a lawsuit against the manufacturer of the defective product.
