In some cases, it may be difficult to distinguish between personal injury and workers’ compensation claims. Some mistakenly classify workers’ comp claims as personal injury cases, when technically they are quite different. While an injury can happen on the job, filing a personal injury rather than a workers’ compensation claim depends on various factors. Some of the primary differences include:
• Assessing fault. Someone must be held liable to file an injury suit. In most instances, this involves some type of negligence. By comparison, a workers’ comp claim may cover certain types of injuries even if a supervisor or employer is not responsible.
• Damages. In personal injury suits, the victim is entitled to damages for various things. By contrast, a workers’ comp claim doesn’t include damages for pain and suffering, and it involves periodic payments where a personal injury claim could be paid in a lump sum.
The right to file a lawsuit. Technically, a worker cannot sue an employer once they have filed a workers’ compensation claim.
• The primary difference between workers’ comp and personal injury is a liability. Once it’s determined who is responsible for an injury, it’s readily apparent whether a workers’ comp or personal injury claim should be filed.
Issues to Consider When Making Legal Decisions
If a person is injured on the job, they may want to consider the below factors when evaluating legal remedies.
• Who is responsible for the harm
• Whether the victim’s injury was directly work-related
• If the injury was due to a recurring or isolated condition
Those with additional questions on workplace injuries should consult their employer or call personal injury lawyers in Baltimore for advice.
Does a Worker Need an Attorney for Assistance with a Workers’ Comp or Injury Law Case?
Workers’ comp and injury laws are interrelated in a way that’s complex to understand, and a victim may need to hire the Turney Law Firm for claims help. A lawyer can inform the client of their legal options for workplace injuries, and they can provide courtroom representation if the need arises. By hiring personal injury lawyers in Baltimore after an on-the-job injury, a worker can protect their rights and gain fair compensation.