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Work Injury Recovery: Workers’ Compensation or Personal Injury?

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If you’ve sustained a work injury, you may be eligible to receive compensation for your injuries, medical bills, and suffering. This compensation may be available through the workers’ compensation system, a personal injury lawsuit, or both.  It depends on how the accident happened, and who was at fault for the accident.

Workers’ Compensation

The workers’ compensation system applies when a worker is injured by the negligence or actions of their direct employer. Workers’ compensation does not apply when another company or person, other than the direct employer, may have caused or contributed to the injuries. This is the case even if the injuries occurred at work. There are also limits to workers’ compensation – it does not apply to many types of workplace assault or harassment.

The basic purpose of workers’ compensation is to provide both the employee and the employer with a certain level of protection should an employee be injured on the job. It provides compensation to an injured employee without requiring them to pursue legal action against their employer. It also establishes a limit on the amount of money the employee can receive for their injuries, which protects the employer.

In a workers’ compensation claim, the employee is not required to prove that the employer caused the injury in order to receive the workers’ comp benefits. The injury must simply have occurred on the job, while the employee was carrying out their employment duties.

The Limitations Of Workers’ Compensation

Unfortunately, workers’ compensation is oftentimes not enough to cover the damages a worker suffers. Benefits are generally limited to medical expenses, disability compensation, and a percentage of lost wages. This often results in compensation that falls short of what injured workers were earning immediately prior to their accident, and the injured worker is not compensated for pain and suffering, unlike in a personal injury case.

Additionally, workers’ compensation does not allow for the provision of punitive damages against the employer. Punitive damages are damages above regular compensation that can be awarded in a personal injury lawsuit. Punitive damages are meant to punish defendants for harmful behavior such as exposing others to dangerous conditions.

Contact PARRIS Work Injury Lawyers

After your work injury, you should immediately seek medical care, report the injury in writing to your supervisor, and call PARRIS lawyers for your free work injury case consultation at (661) 485-2072. PARRIS lawyers have the expertise to advise whether you may have a potential personal injury claim that will allow you to recover damages for pain and suffering in addition to a workers’ compensation claim.

One notable PARRIS work injury case result is a $13 Million settlement against Tesla for injuries to a janitor working in it’s factory. PARRIS always offers free case consultations and accepts all cases on a contingency basis, which means that you pay no fees until we win your case.

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