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What’s the Difference Between Personal Injury and Workers’ Comp?

There are different terms for how one can become injured and seek compensation. How the injury takes place, where it occurs, the circumstances of it, what the individual was doing when they became injured, and what others were doing around them at the time are all factors that influence how the victim of the injury seeks compensation to assist them on their road to recovery.

What is Covered Under Personal Injury Claims

Personal injury claims can cover just about any injury, assuming the injured person can determine that someone else or another entity is at fault for the injury. If the individual can prove this, they may be eligible to recover all damages they suffered. Any injured person is eligible for a personal injury claim if they can prove fault, even if the fault is the negligence of another party. Remember, acts of omission on the part of other parties can be determined as fault just as acts of commission can.

What is Covered Under Workers’ Compensation Claims

Workers’ compensation claims generally have fewer barriers to entry than personal injury claims (no need to prove fault with workers' comp claims). However, such claims do not usually allow the individual to seek compensation for pain and suffering. Workers’ compensation is supposed to reimburse the individual for the wages they missed while recovering from a workplace injury and the medical bills accumulated to treat the injury.

When You Might Need Both

To summarize, the key difference between personal injury claims and workers’ compensation claims is that workers’ compensation protects individuals who become injured at work, no matter who's at fault for the injury. Why? Because even if the worker’s injury is their fault, it would not have occurred if the individual was not at their place of work. Conversely, personal injury claims require the person injured to be able to show that another entity is liable for the injury.

There can also be an overlap between workers’ compensation and personal injury. For example, if someone is injured at their main job and cannot work at their main job or their part-time job for weeks, they will likely be entitled to workers’ compensation for their missed time at their main job.

But what happens if the insurance company only pays for the missed wages from one’s main job but not their second, part-time job? In this case, the injured person may want to consider a personal injury claim. Doing so could help recover the lost income from the second, part-time job, ensuring that the individual has all their wages covered during their recovery period.

Legal Representation Ensures Your Best Interests are Attended To

When an injury occurs, recovery and healing are key, and the last thing anyone wants to worry about is filing claims and ensuring they have adequate income when they cannot work. If you or someone you care about has been injured, please get in touch with NRS Injury Law today at 855.977.6670. Let experienced personal injury attorneys and workers’ compensation lawyers handle your case while you focus on recovery.

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