Suffering an injury while you are at your job is a scenario that no one wants to experience, as a Memphis injury lawyer knows. If your injury is bad enough, you will likely have to miss days or weeks of work, which can affect your ability to pay your mortgage, rent or other bills. As a Memphis injury lawyer like one from Patterson Bray PLLC can explain, you have several options to choose from if you want to be able to recover compensation. Injured workers can file a workers’ compensation claim or a personal injury claim. There are important differences you need to know before you decide which is best for you.
Damages for a personal injury claim include medical expenses, missed days of work, and pain and suffering. In contrast, worker’s compensation insurance in many states is required for employers to have in case a worker becomes injured while on the job. These benefits are compensation that are meant to cover medical bills, missed wages and other expenses that a worker experiences after sustaining an injury. However, pain and suffering damages do not apply in a worker’s compensation claim. While worker’s compensation is a beneficial program, applying for benefits is generally not an easy process, especially if an employer makes it especially challenging to obtain them.
In order to receive monetary compensation for a personal injury, you need to file a claim. You need to find out if you meet the specific qualifications to file one. Unlike worker’s compensation, to file a personal injury claim the burden is placed on the injured worker to prove that another person caused the accident that led to their injury.
A personal injury claim can be filed if you have sustained an injury due to the actions of another individual or company. Unlike a worker’s compensation claim however, you must be able to prove that the individual’s actions resulted in your injury. Being able to provide medical records can greatly strengthen your case, and can make it less likely for your claim to get dismissed by insurance companies. Learn more about eligibility requirements for personal injury cases by meeting with an experienced lawyer.
For both a worker’s compensation claim and a personal injury claim, you are entitled to financial compensation for damages such as medical bills, property damage, vehicle repairs, lost wages and more. The biggest difference between damages for a worker’s compensation claim and a personal injury claim is that you are not entitled to pain and suffering compensation when applying for a worker’s compensation claim, which can result in a much lower total compensation amount.
There are quite a few things that you should know when you are deciding to file a worker’s compensation claim or a personal injury claim. Schedule a consultation with a trusted Memphis injury lawyer like one at Patterson Bray PLLC today if you need legal assistance.