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Dwyer Law Firm, Attorney at Law

The Difference Between Personal And Workplace Injury


If you have been involved in an accident at work and injured, chances are that you are pretty stressed right now. It is more than enough to worry about the injury itself without also having to think about the correct legal action that should be taken. We will take some of the worry off of your back and guide you through the confusing process of determining what type of legal claim you are eligible for and what type of injury attorney you should be looking for. There are several important things you should consider after you have been involved in an accident at work.

After you are seen by a medical doctor, the first thing you should think about is how exactly the accident happened. Write it down in as much detail as possible. Do this immediately because your memory is likely to fade quickly and you want to have all the facts at your disposal from the very beginning. Think very carefully about who and what caused the accident. Where there other people involved? Was your accident directly or indirectly caused one of these people? If so, you might be eligible to pursue a personal injury lawsuit instead. If this is the case, contact an accident attorney and he or she will be able to help you.

Many people are confused about the difference between a personal injury claim and a workers’ compensation case. The main difference between the two is that a personal injury claim is based on fault and a worker’s compensation claim is not based on fault. In order to pursue a personal injury claim, the other person must have displayed negligence. Negligence is the term for someone who did something wrong that led to your accident and injury. Examples of personal injury claims include car accidents and slipping on an object or substance and falling down. These claims can only be pursued if the accident was caused by something neglecting to do their duty. However, in most cases you cannot sue co-workers or your employer due to workers’ compensation laws. This was created in order to protect both the employer and the employee.

In a workers’ compensation case, employees that were involved in an accident and injured while at work are eligible to certain compensation benefits. If this is the most accurate claim for your situation, you do not even have to worry about proving that the fault lies with someone else or the company. Anyone injured while at work is entitled to receive workers’ compensation benefits. So even if you caused the accident or injured yourself, you can still receive these benefits.

There are different damages that each person his eligible for depending on whether they pursued worker’s compensation or a a personal injury claim. Someone receiving workers’ compensation is not edible to receive pain and suffering damages, whereas in a personal injury case you are able to receive all the related damages. This is due to the agreement between business owners and their employees. Most commonly damages refers to earnings, earning capacity, medical treatment, future medical treatment, impairment, hedonic damages, and pain and suffering. This is where an accident attorney will be able to help you decide what is applicable to your situation.

After you have taken stock of what went down during and before the accident, you should have already been seen and diagnosed by a medical professional. At this point it is best to contact an injury attorney and ask for their help. They will be qualified to guide you through this process and will make sure you are compensated everything you are legally due.

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About the Author

Rex Dwyer, Esq. has over 3 decades of experience and he focuses on all areas of family law issues and civil litigation.