When you’re injured as a result of someone else’s negligence or recklessness, there are often legal options available. This is true whether you’re injured on the job or on your own time. However, the remedies are often quite different.
Personal injury and workers’ compensation cases are designed to help injured parties pay for their medical expenses, lost wages and future inability to work. Depending on the circumstances of your accident, you may be eligible for either or both types of compensation. Here’s the difference between personal injury and workers’ compensation cases.
Differences in personal injury and workers’ compensation procedures
Workers’ compensation makes up for expenses incurred with on-the-job injuries—even if someone else’s negligence and recklessness is to blame. It is often the worker’s exclusive remedy. Workers’ compensation cases typically do not determine who is at fault for the accident.
Instead, injured workers visit an approved doctor, and file a claim with the Ohio Bureau of Workers’ Compensation. The BWC reviews each claim and decides whether the worker qualifies for medical coverage and/or disability payments. If denied, the worker may appeal.
In a personal injury lawsuit, a lawyer typically sends a demand letter to the defendant and/or insurance company, if applicable. They may also file a complaint in the appropriate court system. The case may settle out of court, or proceed to trial.
Differences in personal injury and workers’ compensation payouts
Another major difference is what kind of compensation the injured person may receive. Workers’ compensation includes medical expenses and lost wages (past, present and future). Because there is no determination of fault, remedies do not include noneconomic damages like pain and suffering, mental anguish, loss of consortium and more.
Personal injury lawsuits, on the other hand, include both economic and noneconomic damages. In rare cases, plaintiffs may also receive punitive damages.
Exception to filing personal injury and workers’ compensation cases
If your on-the-job accident was caused by a third party’s negligence or recklessness, you may be able to file a personal injury claim in addition to a workers’ compensation claim. This is often seen in construction site accidents, when a subcontractor, vendor or manufacturer’s negligence leads to an accident.
If you’ve been injured on the job, or as a result of someone else’s negligence, the Law Offices of Tim Misny can help. It’s important to speak to our team to determine your best course of action—we’ll help you pursue the maximum damages possible.
Talk to a Cleveland workers’ compensation and personal injury attorney today
The Law Offices of Tim Misny can help you with your workers’ compensation or personal injury claims. When you’re the victim of negligence or recklessness, on the job or off, I’ll Make Them Pay!® Call my office at (800) 556-4769 so that I can evaluate your case right away.