You suffered an injury in a job-related accident and wonder about the differences between personal injury and workers' compensation claims. Understanding how workers' comp and personal injury claims differ is essential so you know what to expect.
Most importantly, you usually need to file a workers' compensation claim if you suffered an injury. A personal injury claim may be appropriate if you were hurt outside the job by another person's negligence or wrongful act.
Keep reading to learn about workers' compensation and personal injury claims. If you have detailed questions, speak to your city's workers' compensation and personal injury attorney. Your attorney works on a contingency basis, so you do not pay a retainer or hourly fees. You pay the attorney through your personal injury or workers' comp settlement.
What Is A Workers' Compensation Claim?
Workers' compensation is a no-fault insurance system required for most employers in most states, such as New Jersey. It benefits employees injured or ill due to their job, regardless of who caused the incident.
Common reasons for workers' comp claims are slip and fall incidents, machinery and vehicle accidents, and hazardous substance and chemical exposure. Critical benefits and features of workers' comp claims are:
- No fault: You don't need to prove anyone was negligent. If the injury happened while you were working, you're generally covered. The no-fault aspect is important because it means your attorney doesn't need to prove negligence.
- Benefits: Covers medical expenses, a portion of lost income, usually 70 percent of your average weekly income, up to a state-set maximum, and disability benefits. For example, temporary disability benefits can last up to 400 weeks, while permanent total disability can extend longer under certain conditions. Specific benefits vary by state.
- Limits: Does not cover pain and suffering, emotional distress, or punitive damages. In most cases, You can't sue your employer for negligence; this is the trade-off for guaranteed benefits.
- Process: You must notify your employer within 90 days of the injury and file a formal claim with your state's workers' compensation department within a specific time, usually one or two years. The employer's insurance carrier evaluates the claim, and disputes can go before a workers' comp judge.
For instance, if you slip on a wet floor and break your arm, Workers' Comp covers your medical bills and part of your lost income, even if no one was clearly at fault. It's wise to have a skilled workers' compensation attorney oversee your claim because they can ensure you claim the maximum benefits you deserve. Your workers' comp attorney can also assist if you were initially denied benefits. They can file your appeal and handle evidence collection.
How Can A Workers' Compensation Attorney Help You?
You probably assume that filing a workers' compensation claim at work is easy: You simply report the injury to your HR department, and they'll help you get the compensation you deserve.
Unfortunately, workers' comp insurance companies may not be easy to work with in the real world. They can hassle you about the claim's validity, your injuries and damages, etc. Hiring a workers' compensation attorney to handle your claim is wise.
Your workers' compensation attorney can provide valuable assistance if you've suffered an injury on the job or are dealing with a work-related illness. Benefits of hiring a workers' comp lawyer are:
Navigating the Claims Process
Workers' compensation laws and procedures can be complex, varying by state or country. An attorney understands the system and can guide you through filing a claim correctly and on time, ensuring you meet deadlines and provide the necessary documentation.
Maximizing Your Benefits
Employers or insurance companies might offer less compensation than you're entitled to, either by underestimating your injury or denying certain benefits. An attorney can evaluate your case to ensure you receive full coverage for medical bills, lost income, rehabilitation costs, and any permanent disability.
Appealing Denials
If your claim is denied frequently, an attorney can help you appeal the decision. They'll gather evidence, like medical records or witness statements, and represent you in hearings to fight for your rights. Don't be alarmed if your claim was denied without an attorney's assistance. Hire a workers' comp attorney to file your appeal.
Handling Disputes
Disagreements might arise over the extent of your injury, whether work-related or if you can return to work. If needed, an attorney can negotiate with insurance companies or employers and take your case to court to resolve these disputes.
Dealing with Retaliation
If your employer retaliates against you for filing a claim, a lawyer can protect your rights and pursue additional legal action if necessary.
Knowledge in Special Cases
For complicated situations, like occupational diseases that develop over time, such as repetitive strain injuries or exposure to toxins, an attorney can connect the dots to prove your condition is work-related, even if it's not immediately apparent.
Peace of Mind
Let's face it, dealing with an injury is stressful enough. An attorney takes the legal burden off your shoulders, letting you focus on recovery while they handle the paperwork, negotiations, and advocacy.
In short, a workers' compensation attorney acts as your advocate, ensuring you're not shortchanged and that the system works for you, not against you. The best part is that your workers' compensation lawyer doesn't charge you legal fees; their compensation comes from your settlement award.
What Is A Personal Injury Claim?
A personal injury claim is a fault-based legal action filed in civil court against someone whose negligence or intentional act caused your injury, not your employer. Many personal injury claims arise because of auto accidents and slip and fall accidents. In a workplace context, a personal injury claim is usually only possible against a third party.
For example, you might sue the company that made the machine at work that injured you, but you cannot sue your employer directly. More key information about personal injury claims includes:
- Fault required: You must prove the third party's negligence caused your injury. Your personal injury attorney must usually prove that another party had a duty of care to you, violated the duty of care, and caused the accident and injuries. For instance, a reckless driver rear-ending you at a stop light broke your arm, and you have lost income and medical expenses.
- Benefits: Compensation can include medical expenses, lost income, pain and suffering, emotional distress, and sometimes punitive damages if the conduct was egregious. There's no cap like in workers' comp, so recovery can be higher.
- Limits: More complex and time-consuming. You need evidence of fault, which involves negotiations or a trial. You can't sue your employer unless they intentionally caused the harm.
- Process: File a lawsuit within the state's statute of limitations for personal injury. It involves gathering evidence, depositions, and possibly a trial if no settlement is reached.
For example, if a delivery driver hits you while you're working, you can file a workers' comp claim with your employer and a personal injury lawsuit against the driver for additional damages like pain and suffering. Always retain a seasoned personal injury attorney to review your case and fight for the most compensation.
How Can A Personal Injury Attorney Help You?
You are not required to retain a personal injury attorney, but it's usually best. Hiring a personal injury attorney offers several benefits:
Experience in Legal Processes
Personal injury law can be complex, involving statute limitations, filing requirements, and specific legal procedures. An attorney can navigate these efficiently, ensuring your case isn't dismissed on technicalities.
Maximizing Compensation
Attorneys understand how to evaluate the full extent of your damages—beyond just medical bills. They account for lost income, pain and suffering, emotional distress, future expenses, and negotiating or fighting for a settlement that reflects your true losses.
For example, if you broke your neck in a serious car accident, you can be permanently disabled. You may have hundreds of thousands in medical bills, lost income, and pain and suffering. It's difficult to squeeze the most out of the insurance company for a serious injury case without a personal injury attorney. Getting the most money is vital when dealing with a life-altering injury.
Dealing with Insurance Companies
Insurers often aim to minimize payouts. A skilled attorney can handle their tactics, counter lowball offers, and prevent you from unintentionally saying something that weakens your claim.
Proving Liability
Establishing fault requires evidence like witness statements, accident reports, or expert testimony. Attorneys have the resources and know-how to build a strong case, even when the other side disputes responsibility.
No Upfront Costs
Most personal injury lawyers work on a contingency fee basis, meaning you don't pay unless they win your case. This makes legal help accessible without financial risk.
Reducing Stress
Recovering from an injury is challenging enough. An attorney takes the burden of paperwork, deadlines, and negotiations off your shoulders, letting you focus on healing.
Trial Experience
If your case goes to court, having an attorney with litigation skills can make a huge difference. They'll present your case persuasively, with full intent to obtain the maximum compensation you are owed.
Access to Resources
Attorneys often have networks of investigators, medical experts, and other professionals who can strengthen your case with specialized input.
In short, a personal injury attorney levels the playing field increases your chances of a fair outcome and saves you time and hassle. You should have a personal injury lawyer review your legal options today for free. They'll know quickly if you have a case and whether hiring a lawyer is worthwhile.
What Is Your Accident Claim Worth?
Being injured by another person or at work is stressful and upsetting. You may be on pins and needles, wondering what your claim is worth and when you will be paid. Several factors influence how much compensation you receive:
- Medical expenses: Covers past and future costs like hospital bills, doctor visits, surgeries, medications, rehabilitation, and therapy directly related to the accident.
- Lost earnings: Compensation for income lost due to time off work, calculated by your hourly rate or salary multiplied by the hours or days missed.
- Future earnings loss: If the injury impacts your ability to work long-term, this estimates reduced earning capacity based on your job and recovery outlook.
Workers' comp cases only pay the benefits above. Additional benefits you can receive in a personal injury claim include:
- Property damage: Includes repair or replacement costs for your vehicle or other damaged belongings, often based on market value before the accident.
- Pain and Suffering: Non-economic damages for physical pain and emotional distress, often calculated using the multiplier method (economic damages multiplied by 1.5 to 5, depending on severity) or a per diem rate (a daily value for the duration of suffering).
- Mental health costs: Expenses for psychological treatment, such as therapy for anxiety, depression, or PTSD caused by the accident.
- Rental car costs: Reimbursement for temporary transportation if your vehicle is unusable due to the accident.
- Damaged personal items: Value of electronics, clothing, or other possessions harmed in the incident, based on their replacement cost.
- Child-related expenses: If a child suffered an injury, this includes their medical bills or costs tied to their care and recovery.
- Loss of enjoyment: Compensation for reduced quality of life, like inability to engage in hobbies or daily activities, though harder to quantify.
- Severity of Injury: More severe or permanent injuries, such as a spinal cord injury, typically increase claim value due to higher multipliers or long-term impacts.
You should contact a workers' compensation or personal injury attorney to review your case in detail. They can quickly gauge your claim's validity and potential value.
Speak To A Workers' Compensation Or Personal Injury Attorney Today
Whether you suffered an injury in a car accident or at work, you should have an attorney represent your interests. A skilled New Jersey workers' compensation attorney can help if you were injured on the job, and a New Jersey personal injury attorney can assist if you suffered an injury because of another person's negligence. Talk to an experienced workers' compensation or personal injury lawyer in your community today in a free consultation.