law

The Differences Between Workers’ Compensation and Personal Injury Compensation

Everyone wants to go about their workdays without any complications. However, accidents happen on the job. Sometimes, they happen because of faulty equipment. Other times, a worker makes a mistake that causes another person to get hurt. You could possibly qualify for one of two types of compensation, but you cannot receive both of them. Workers’ compensation and personal injury compensation are the top two types of relief you can get. These are some of the differences between the two:

Qualifications

Workers’ compensation and personal injury compensation have different qualifying factors. You only need to prove that you experienced an injury on the job to qualify for workers’ compensation. A personal injury must have meet three qualifications. First, an injury has to be present. Secondly, you must have experienced a financial loss. Thirdly, neglect must be a factor.

Fault

These two types of compensation differ in terms of fault as well. A workers’ compensation claim isn’t any less payable if it’s partially your fault, entirely your fault, or another person’s fault. Personal injury compensation works differently. You and your Denver personal injury attorney have to demonstrate that another party was at fault and behaved negligently. That act of negligence must be the cause of your injuries. You can still receive compensation if you were partially at fault, however. You can be up to 50 percent at fault and still receive a settlement. The settlement will be reduced by your percentage of fault in the incident.

Compensation Type

Workers’ compensation benefits in Detroit pay approximately two-thirds of your paycheck. You will receive those benefits after you establish your injury and a doctor writes a report with your estimated return-to-work date. Personal injury compensation is a bit more complex. You could qualify for compensatory damage, but the value will depend on your losses. You must supply your attorney with documentation that shows how much money you lost in medical bills, automotive repair bills, lost work wages, and the like. He will perform a calculation to determine how much to request in the settlement. You may also be eligible for punitive damages if the other person’s neglect is extensive.

Litigation Process

There is no litigation process for a workers’ compensation case unless it has complications. A personal injury case begins with a meeting with a reputable attorney. The attorney may then try to settle the case out of court to shorten the time you have to wait for before receiving funds. If that doesn’t work, your lawsuit will have to go to court. This is the point in the case where the quality of your attorney matters. This person must have the know-how and drive to ensure that he or she presents your case well.

Now you know how personal injury compensation differs from workers’ compensation. It’s wise to contact an attorney, no matter which type of compensation you believe you qualify for. The attorney will let you know if your case is viable and how you can proceed if your case is eligible for representation.

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