It is easy to confuse personal injury lawsuits with workers compensation claims. The injuries sustained in both the cases is by accidents but the company paying it would differ and so will the legalities of the claim. Some may even falsely place works compensation claims into the personal injury claim category. While this is an easy mistake to make, it is important to keep the two separate and understand the subtle, but nonetheless important, differences.
Category of injuries
Injuries sometimes happen throughout a shift at work, but that doesn’t mean that you should automatically file a worker’s compensation claim. Which category your injury falls under depends entirely on the nature of your injury and the circumstances surrounding the incident which left you injured. In general, workers compensation claims are very finicky with the injuries which are covered under its set of rules. These rules can be set in both the form of laws, as well as certain contracts. Additionally, there are other factors, rules, and laws, which help you distinguish between personal injury lawsuits and workers compensation claims, such as:
Liability: For you to file a personal injury lawsuit, you will need somebody who can be made responsible for your injury. This is done by proving the defendant guilty of negligence. If your injury was not caused by somebody’s reckless or careless actions, you may see if your injury falls into the category of workers compensation claims.
Damages: When it comes to personal injury cases, there is often a selection of damage awards which you become entitled to, based on the nature of your injury and the unique circumstances surrounding the incident which left you injury. Among these damages are awards for pain and suffering, which are not covered by workers compensation claims. Additionally, workers compensation claims will award you with periodic payments, whereas injury damages will sometimes also be awarded as a lump sum payment.
Right To Sue: After you have filed your workers compensation claim, you technically forfeit your right to sue your employer, since you are already collecting your workers compensation for the injury which you would be filing the lawsuit for.
Following your injury, you will need to start by determining whether somebody can be held responsible for your injury. If nobody can be held liable, you will know that you most likely have a worker’s compensation claim in your hands, and not a personal injury claim. However, if you are still confused, you may always make use of a free consultation with a lawyer. Most of the injury lawyers in Mississauga understand the nomenclature of filing a lawsuit and can help you.