What Is The Difference Between Workers’ Compensation And A Personal Injury Lawsuit? - If you get injured at work, you may have two alternatives for seeking compensation: workers' compensation or a personal injury lawsuit. These possibilities, however, are significantly distinct from one another.
Working with experienced personal injury experts will help you decide which alternative to pursue, increasing your chances of getting compensation for your medical bills, missed wages, and pain and suffering. If you have been injured in a workplace accident, please call us right once to arrange for a free, no-obligation consultation.
What exactly is Worker’s Compensation?
Workers’ compensation is a type of insurance programme that compensates employees who are injured on the job.
Employers in Nevada with more than one employee are required to acquire workers’ compensation insurance. Employees who have been injured at work may file a claim for workers’ compensation to cover medical expenses and lost income.
When filing for workers’ compensation, the injured employee is not required to prove culpability in order to get benefits. It makes no difference whether the injury was caused by the employer, the employee, or a third party.
If you are injured at work, you may be entitled to a variety of workers’ compensation benefits, including:
- Lost wages
- Medical bills
- Vocational rehabilitation
- Permanent partial disability (PPD) or permanent total disability (PTD)
Learn More: How Do Workers’ Compensation Settlements Work?
What is a Personal Injury Lawsuit?
A personal injury lawsuit is a legal action brought in court to obtain compensation for an injury caused by the negligence of another. The matter may be tried before a jury or settled before the trial.
In personal injury litigation, showing the negligent party’s fault is critical to the claim’s success. The plaintiff must prove the defendant’s fault when pursuing a personal injury claim. This is done by an attorney who works to gather the appropriate evidence and present it to the jury during the trial.
Plaintiffs in a personal injury claim may recover the following damages:
- Medical bills
- Lost wages
- Pain and suffering
- Emotional distress
- Loss of companionship
Procedural Differences
There are also significant procedural variations between filing a workers’ compensation claim and a personal injury lawsuit.
Filing a Workers’ Compensation Claim
In Most States, The process of making a workers’ compensation claim begins when the injured worker informs his or her employer that he or she has been hurt on the job.
Your employer will then give you the necessary forms to file a claim. This includes completing and returning the Notice of Injury or Occupational Disease, Form C-1, to your employer within one week of becoming injured.
You will also need to see a doctor after the injury and present him or her with Form C-4, Employee’s Compensation Report of Initial Treatment. This paperwork must be returned to your employer within 90 days of your initial medical checkup.
Your employer’s insurer will go through your claim, including the facts surrounding your injuries and the results of the initial exam performed by the medical practitioner. The insurer will next decide whether to approve or deny your claim.
If you are dissatisfied with the insurer’s decision, you have 70 days to file an appeal with the Division of Industrial Relations.
Filing a Personal Injury Lawsuit
A personal injury lawsuit, on the other hand, is handled very differently than a workers’ compensation claim.
A personal injury case in Nevada must be filed in Nevada court. The victim will serve the lawsuit on the at-fault party, who will then have the chance to submit his or her own documents with the court.
Records may be obtained, and depositions may be taken, in order to assemble evidence for trial. The lawsuit may be tried in front of a jury or settled confidentially before going to court.
Can I claim for both workers’ compensation and personal injury?
Workers’ compensation law in Nevada prohibits an employee injured in a work-related accident from suing his or her employer, even if the employer was at fault for the injury.
This does not preclude an injured employee from filing a personal injury case against a third party in order to collect further compensation.
Any individual or corporation involved in a workplace accident who is not the injured worker’s employer can be sued as a third party.
For example, an employee who was hurt at work as a result of malfunctioning machinery may be able to sue the machine’s maker for selling a defective product.
Contact Our Workers’ Compensation Experts Today
If you were injured at work in the United States, do not hesitate to contact the workers’ compensation experts at The Justice Now.
We can explain the distinction between a personal injury lawsuit and workers’ compensation. Our legal experts will assess your circumstances and decide whether you are eligible for compensation for medical bills, lost wages, and pain and suffering.
Schedule a free, no-obligation consultation today to determine which option is best for you. We take claims on a contingency basis, which means you only pay legal expenses if we assist you recover compensation.
