In the state of California, personal injury claims are judged critically, as are workers’ compensation claims. Many people tend to consider the two to be the same. Although the two are similar in nature, there are some differences too. Often times, people might not have a sufficient amount of knowledge regarding the benefits that they are entitled to and may either forgo the possibility of reimbursement or file for the wrong claim which will only extend the time that it’ll take to recover damages and could possibly leave claimable damages un recovered.
The simplest means in defining the disparities amongst the two is that a personal injury claim is based wholly on the fault and negligence on the defendant’s part, while the latter is not. It is not necessary for a person to hold their colleagues or their employer responsible if they intend to get the benefits of workers’ compensation. However, the disparities between the two are more complicated than they appear to be. For that reason, it is important to understand what each law states in the state of California.
Workers’ Compensation Claim
If an individual happens to get an injury during the time that they are present within the workplace, a workers’ compensation law or claim is applied. The said employee is not required to prove themselves or provide substantiation to demonstrate that their employer’s negligence is to be held responsible for the injuries that they received. Conversely, if the worker’s injuries are due to a source that is not associated to the workplace under any circumstances, the matter can be filed under a personal injury claim as well as a workers’ compensation claim.
Personal Injury Claim
In the case where an individual received injuries that were a result of an automobile accident, road accident, etc., then a personal injury claim is applied. However, unlike the workers’ compensation claim, a personal injury claim requires that there is an adequate amount of evidence to verify that the injuries were in fact caused by the negligence of the defendant. In the state of California, there are several circumstances under which such claims are accepted and charged. Additionally, the injured party is also entitled to recover all damages that they received, after they have proved in the court of law that the defendant is to be held responsible.
The Actual Disparities
Even though the aforementioned definitions are enough to explain what a workers’ compensation claim and a personal injury claim are, there are a still some disparities between the two that must be highlighted. The actual disparities lie in the reimbursement that is received.
When a workers’ compensation claim is filed, the defendant is responsible for providing vocational rehabilitation, medical benefits, permanent impairment benefits and weekly compensations. However, when a personal injury claim is filed, the individual filing the claim is entitled to receive reimbursement for all damages that they received prior to filing the lawsuit or claim. This includes lost earnings, lost capacity, impairment, latent medical bills or expenses, etc.
However, many people might get frightened at the thought of having to defend themselves in the court of law, but hiring a professional attorney will help you greatly in this regard. The Law Offices of Justin H. King can help a victim of a serious accident or injury determine if their claim is workers compensation related, or a tradition personal injury claim. Justin King is an auto accident, medical negligence, wrongful death and dog bite attorney in Ontario, CA. You can learn more about him and his firm at their website.