Workers Compensation Lawyers Vs Personal Injury Lawyers: Law 101
An injury on the in the workplace can come with additional challenges above and beyond the injury itself. The next steps after treatment and recover includes, dealing with cost, and establishing responsibility. Hiring an appropriate lawyer to assist us is also an important decision in order to deal with these issues. Which lawyer is appropriate for which situation will be discussed below.
The case for workers’ compensation is very direct with the right of the injured. Workers compensation in nearly every situation is a right entitled to workers based on the law. Fault or negligence is not needed in order to receive workers’ compensation. Thus, the focus is not on what someone did or didn’t do that caused the injury. A result of this, is that the injured party may not sue the employer after the injury, this is because the agreement is basically a compromise to protect both parties at a minimum level. The compensation paid by workers’ compensation is to make certain that the medical bills can be covered while also receiving some weekly payments to make up for lost income. Other benefits that one can receive include job rehabilitation and any permanent impairment benefits. It is important to note that the payments can only be received on the job site and within the individuals’ job responsibilities.
Payment for a workers’compensation lawyer is often based as a percentage of the payments rewarded to you. Therefore, is you lose, the lawyer charges no fee. This is usually regulated by the specific state.
Personal Injury cases vary from the workers’ compensation legal battles that we have seen. In order for personal injury cases to succeed the important variable is now fault. Fault is established through negligence of a specific party, such as the employer. If negligence can be proven as a cause to the accident, then a reward of damages can be paid. These damage payments are not just the cost of medical care but also any suffering from psychological and mental injuries are considered as a result of the accident. In contrast to workers’ compensation, personal injury cases are not dependent on the location, like the job site, but rather the fault of the accident.
Personal injury cases require litigation or settlement and can be a longer or more difficult path to choose because it is less automatic. The client will be required to sign an agreement in advance stating the lawyers’ payments and responsibilities with a retainer often paid up front. Most states don’t have a cap on the potential damages awarded and this can be quite high depending on the case.
The reaction to a work place injury as we can see must be contemplated carefully to decide the best course of action depending on the factors of the situation.