If you were injured on the job in a motor vehicle accident that was not your fault, a personal injury attorney may be more appropriate than workers compensation attorney. The personal injury attorney will handle all aspects of the case including getting medical treatment and determining what financial damages are available for people who have been injured or killed as a result of someone else’s negligence. Workers compensation attorneys only handle the employer/employee relationship and do not typically take personal injury cases involving third parties.
How do I know if I have a Workers’ Compensation or Personal Injury claim? You might be surprised to find out that the answer is both. A worker injured on the job in a truck or auto accident that was not his fault needs a personal injury attorney, maybe more than he would need workers compensation representation. If you are wondering how this could possibly happen, read below for an explanation of your options and some questions to ask when hiring legal counsel so you can make informed decisions about your future health care coverage and financial security.
What is workers’ compensation?
In exchange for getting paid faster, workers give up their ability to sue for pain and suffering or other punitive damages. Instead, an injured employee has his or her medical bills and lost wages paid for by the employer’s insurance company.
Workers’ compensation insurance is personal injury protection for employees injured on the job. This type of coverage provides medical care, lost wages and rehabilitation services to an employee if they suffer a work-related injury or illness.
What do personal injury attorneys do?
An attorney who specializes in personal injuries represents you against a person or company responsible for the accident (when it is not something that your employer caused).
For example, you are on the clock and running an errand for the company. You are driving the company car. You are sitting at a stop light. Let’s say you are rear ended by someone talking on their cell phone while driving; it was not your fault and now your neck hurts every day which keeps you up all night.
In this instance, the personal injury attorney makes a claim for your personal injuries, medical bills AND pain and suffering against the insurance for that driver talking on that cell phone. This can in many instances result in a better economic outcome for you than just filing a workers’ compensation action alone.
At Ballard Injury Law, we are Personal Injury attorneys.
Is it possible to file a personal injury claim after being harmed at work?
In most situations, you will be limited to filing a workers’ compensation claim after sustaining an injury at work. There are, however, certain exceptions to that rule.
A workers’ compensation claim might also develop into a personal injury case if the negligence of your employer’s supplier or another party connected with them is egregious. Let’s assume that while working at heights, your employer always made safety a priority, which meant you were always wearing a harness. However, if it failed because it wasn’t built securely enough, the manufacturer of the product might be held responsible for any injuries caused. Personal injury would be the term to use in this situation.
Which lawyer should I choose, a personal injury or workers compensation attorney?
If you’re thinking about filing a workers’ compensation claim, it’s usually a good idea to contact an experienced attorney. This is because an attorney can guarantee that your case is handled promptly and that your employer does not violate your rights. For example, an employer may not be able to fire or stop payments to you if you don’t return to work before you’re ready.
If you have been harmed in any way, the first thing you should do is seek treatment. After your condition has been stabilized, inform your employer or the proper authorities about the injury. Finally, consult with an attorney who can advise you on how to resolve the situation in a positive manner.
Please contact Ballard Injury Law Attorney immediately for a free consultation.
What are some other differences between personal injury cases and workers’ compensation cases?
No Fault Workers Compensation claims.
In Nevada and California, with a few exceptions, an employee who is hurt in the course of his or her employment is entitled to specific Workers’ Compensation compensation. The injured person does not have to show or demonstrate that the employer, job conditions, equipment, or another employee caused the accident. Even if the employee’s negligence or faulty behavior was responsible for the injury, he or she is still eligible for Workers’ Compensation compensation.
As stated above, though, a personal injury action may still exist, even if it is not the employee’s or employer’s fault.
In Personal Injury lawsuits, a Fault Must Be Established.
Accidents in which no one is at blame do occur, but in order to obtain compensation for a Personal Injury in California or Nevada, the victim must demonstrate that his or her injury was caused by someone’s carelessness. The victim (and their lawyer) must show that it was the other person’s carelessness that created the circumstances that resulted in the accident and harm.
In an automobile accident, for example, you can only get compensation from the other driver if he or she is at fault. In a commercial vehicle accident, , an animal attack, a slip and fall in a building or on a sidewalk, or a construction site or road are examples of situations in which victims may only recover damages if they (and their lawyer) show that it was the negligence of another person or parties that caused their harm.
Because they may include a variety of responsible individuals and a wide range of compensation, personal injury claims are typically complicated.
Different Compensation Exists for Each Type of Injury Case (P.I. vs. Worker’s Comp).
Those eligible for Workers’ Compensation benefits in Nevada or California, with a few exceptions, are not entitled to pain and suffering compensation. They do, however, receive regular payments while out of work and medical expenses are paid right away. Workers’ Compensation statutes establish a simple procedure for injured employees who receive weekly pay and medical bills are paid as soon as possible.
The victim of a personal injury claim is entitled to compensation for all losses incurred, including lost income, medical expenses, missed earnings capacity, future medical expenses, pain and suffering, permanent disability, and loss of enjoyment of life.
We Help Injury Victims.
As an attorney, I am frequently put in situations where I must fight for individuals who have been harmed at their place of business due to the carelessness of others (Personal Injury cases).
The Attorney at Ballard Injury Law is well-versed in handling cases that involve bodily injury. We use a methodical approach to acquire an objective perspective on the facts, issues, and injuries of our clients. We try to make the legal procedure as stress-free as possible; we concentrate on obtaining the compensation you deserve; and you focus on recuperating.
The legal team at Ballard Injury Law tries to make the legal process as pain-free as possible. We concentrate on getting you money back – while you focus on your physical and emotional recuperation.
Please call my office at 775-391-5131 if you or a loved one is hurt at work or in an accident.