Many individuals do not differentiate between WC and PI. While they may have some similarities, these two categories have their unique and distinct roles in the legal field. Understanding where each applies is the first step to using each category for the right purpose to help obtain the best results depending on your case.
Personal Injury
Personal injury as a legal term refers to injuries (physical or mental) as well as property damage caused by the negligence of another party. To successfully claim compensation, an experienced personal injury lawyer can help prove negligence and relate the accident to the suggested financial losses. Personal injury cases do not only address physical injuries but also cover pain and suffering.
Workers Compensation (WC) vs Personal Injury (PI) – Workers Compensation
Workers compensation, legally, refers to the cash benefits as well as medical care for employees or workers who suffer from injuries or become sick while in the line of duty, with the injuries or illness arising as a result of their job and its surroundings.
This claim is quickly settled with ease because it does not require the injured to prove another party’s negligence. In addition, the key objective is to settle any medical bills and/or lost wages which is settled by an insurance company.
Key Difference between Workers Compensation (WC) and Personal Injury (PI) Claims
In the event you have been hurt while on the job, it is important to understand your legal rights before you explore the multiple options available to file your claim. The key factors to consider will include the following.
Fault and/or Liability
WC: This applies a no-fault system whereby the injured individual is not required to prove that the co-worker or employer was liable for the injury in order for him or her to claim benefits. The concept is for the injured person to receive compensation for their losses such as lost wages and any medical bills.
PI: This applies to accidents (even at the workplace) that were caused by a third party. Under normal circumstances, the liable party (while at work) can be the property owner of your workplace or the manufacturer of a failed product. This will therefore call for a premises liability claim or a defective product claim. You must in turn provide sufficient evidence of negligence by the at-fault party before you can recover damages.
Pain and Suffering
Pain and suffering refers to mental and/or emotional pain and in this case, it arises from an incident in your workplace.
WC: Emotional distress is not recognized as part of compensation
PI: The affected individual can file for emotional distress not just during the recovery of the physical injuries but they are also liable to cover the long-term effect of the distress. Therefore, cases such as post-traumatic disorder, anxiety, depression, as well as stress are considered here.
Damages
Damages determine what the injured is able to recover.
WC: You will be able to recover the following benefits:
- Medical expenses
- Lost wages with a specified percentage as opposed to full amounts as recorded in the workplace
- Total disability or permanent partial benefits. This scenario applies only if the incurred injuries prevent you from working permanently.
PI: Individuals can recover for all damages that may arise from work-related ailments. Other than the above mentioned damages, PI will also cover the following.
- Non-economic losses such as pain and suffering
- Present and future medical bills
- Lost wages/loss of earning capacity
Lost wages
WC: Under this category, the injured worker will be reimbursed after three days after which he or she had the accident that led to their inability to continue working. After this 3-day period, they will receive about 60% of their lost income which is referred to as Temporary Total Disability. This compensation only applies after the individual’s medical report indicates that they can no longer work.
PI: Lost wages are highly considered in this category. However, keep in mind that they are only paid out after the hearing is complete or after a settlement agreement.
Statute of Limitations
Workers Compensation (WC) vs Personal Injury (PI) – Both claims are subject to a deadline where they are subject to be filed within an allotted time. If you do not file your claim within the allotted time, you will not have the right to compensation.
According to the statute of limitations, workers compensation claims have a two year period provided to individuals of being injured at their workplace to file their case. While this refers to filing in court, the employee is also expected to notify his or her employer of the incident that caused the injury before the expiry of 30 days. Without this notification, it will lead to a failure in receiving your compensation.
On the other hand, the statute of limitations for PI claims is 3 years. While it sounds like there is a lot of time to file you case, it is crucial that you file it as soon as possible after the incident. Working with an experienced and reliable BigBen attorney in your case comes as an added advantage to enable you to have a just and fair trial.
Frequently Asked Questions (FAQs)
Q: Do I have to select the specific claim to file?
A: It is recommended that you select the specific claim. However, there are instances where you can file for both as one claim does not necessarily preclude you from pursuing the other claim. it is important to note that, many individuals injured at work stand a better chance to benefit from workers’ compensation.
After an injury at work, it is crucial to start investigations as soon as possible to help determine the legal avenues you can exploit. If negligence is detected, an attorney will advise you to claim workers compensation as well as claim against the negligent party/parties.
In addition, successfully claiming a personal injury case may in turn positively or negatively affect the benefits you may obtain if you also filed for the alternative. This said, one claim may affect the other. The key objective for your lawyer is to help you to recover from your losses.
Q: Can I file a personal injury case after incurring injuries at work?
A: Many a times, incurring injuries at the workplace will call for workers compensation claim. However, you will be glad to know that you can also file for this type of claim in some cases. Negligence from your employer or his relations at work is likely to turn your case around.
For example, if you work for a construction company that requires you to paint the outside of a tall building, your employer must ensure safety as a priority. If your employer pushes you to work without a harness and you get injured, then this type of claim applies.
On the other hand, if your employer always ensured that you have a harness and while working the harness snapped due to a faulty design from the manufacturer, then the manufacturer is liable for the damages allowing you to sue the manufacturer.
Q: Can I sue an employer in a personal injury case?
A: It is possible to sue an employer when filing such a case as opposed to suing an employee working for his employer. This is because the company comes with more financial muscle as compared to their employee. However, this situation will apply to circumstances that the employee in question caused the accident due to company misconduct.
For example, if a company driver is working while impaired, then the company can face this type of claims because they should have been aware of the impairment. Alternatively, if the driver seems to have a record for causing accidents, then it is the employers fault for trusting the role with someone that is more likely to cause other accidents making the company employers liable for damages. The constant factor in such a case must be that the driver was acting on behalf of the company whereby he was using the company vehicle for the company benefits.
Q: Can any attorney represent both or either case?
A: Hiring an attorney comes with key added advantages but working with an experienced attorney in the specific field is even better. It is therefore crucial to consider the right attorney for your case. It not only ensures that all the processes and proceedings are timely, but it also ensures a fair and just hearing and compensation.