Personal Injury Claims vs Worker’s Compensation Cases
At The King Firm, we’ve had many clients come to us to file worker’s compensation claims when in reality they should be filing personal injury claims. The King Firm does not handle worker’s compensation cases. Throughout our history as a law firm, we’ve specialized in personal injury cases and have taken on many cases with great success. That being said, let’s take a look at the basic differences between a worker’s compensation claim and a personal injury claim.
What Defines a Workers Compensation Claim?
A worker’s compensation claim starts off with a worker who has received an injury while at work. Workers’ compensation itself is an issue that involves your employer’s insurance—which is a mandatory program for most employers in the majority of states—including our very own Louisiana. These premiums are paid by your employer and not at all taken out of your check-in any manner.
This is the greatest misunderstanding that many people have about worker’s compensation. It is often seen as a threatening action against your employer. When you file a worker’s compensation claim, you are not suing your employer for damages. In fact, you don’t even need to prove that the injury was caused due to negligence at work.
For example: if you work in retail or work a labor-oriented job and you hurt your back lifting some boxes—this can be entirely your fault for not lifting boxes correctly or it simply could have been an accident. Accidents happen, however, and that is what the mandatory workers’ compensation insurance is for. For this reason, you may still file for worker’s compensation.
If your employer does not carry worker’s compensation insurance, this is often enough reason for legal action unless they are one of the very rare exceptions of employers who need not carry it.
Defining Personal Injury Claims
Personal Injury is the King Firm’s specialty, we can confidently tell you that when it comes to these types of cases, the most important thing is always figuring out who is at fault. If you are injured at work, you can make a claim for worker’s compensation regardless of whether it was your fault or not.
However, if you are injured at work and your injury was caused by your employer’s mistakes or negligence because of another person such as the owner of the property your company works on, then there is grounds for a personal injury claim to be made. This is incredibly important because this is the exact situation which people think they should file for worker’s compensation, but they should file for personal injury.
The biggest difference is the type of reward offered. Worker’s compensation claims can lead to recovering economic damages, such as money for time lost at work due to injury, medical expenses, and any expenses directly involving the injury such as the cost of rehab.
With a personal injury claim, not only is there no requirement to be a worker of any kind. When it comes to compensation, personal injury cases potentially can offer more than just economic compensation. There is also compensation for “pain and suffering”
New Orleans Personal Injury Specialists
Personal injury claims tend to have a much greater potential for payout and justice as compared to worker’s compensation. To be injured through no fault of your own is a terrible thing. Not being able to work for a period of time—or god forbid permanently, is something no one should have to deal with without assistance.
Have you been injured? Ring the King. Our team of personal injury specialists will work around the clock to ensure you get the justice you deserve. The King Firm knows that the key to winning personal injury cases is determining that the other party was at fault.
The sooner you call us, the sooner we can get to work on your case. Contact us here or give us a call at (504)-909-5464 for a free consultation!