Personal Injury Claim or Workers’ Compensation Claim in Atlanta?
If you are trying to figure out if an incident falls under a personal injury claim or a workers’ compensation claim in Altanta GA there a couple of big differences to look at it. These two differences are the fault requirements and the type of compensation available.
When it comes to a personal injury case, fault is needed. Someone’s negligence has to have caused your injury in order for you to recover damages. For example, if you slip and fall on someone’s property and break your ankle, you cannot collect damages unless the property owner was negligent in some way, shape, or form. In the situation of workers’ compensation claims, NO fault is needed. The whole point of workers’ compensation coverage is that employees don’t have to prove that their employer or coworker was negligent in order to receive compensation. Even if it was your own negligence that caused your injury in the workplace, you can still receive compensation.
Another big difference is in the damages. In a workers’ compensation case you can only receive weekly compensation, permanent impairment benefits, medical bills, and vocational rehabilitation. However, in a personal injury lawsuit you can receive much more. You can recover all of the damage that you have suffered. This includes lost earnings, lost earning capacity, medical bills, future medical expenses, permanent impairment, pain and suffering, and loss of enjoyment of life. Because of the way workers’ compensation is set up, you cannot sue your employer or coworkers. The whole point of no fault is that you get to receive compensation regardless of what happened, in return for waiving your right to sue.
Whether it’s a personal injury case or a workers’ compensation claim can make a big difference in what way the lawsuit will go. So make sure you understand the difference before pursuing anything!