A lot of employees get confused about workplace compensation and employers’ liability. Are they both the same? What’s the difference between the two? Understanding what exactly is meant by these terms is important. Here we will take a close look at both so that you can understand the difference between the two and know your legal rights in case of workplace injury.
Employers’ Liability Claim: What is It?
An employer’s liability claim is different from a workplace injury claim. With an employer’s liability claim, the employee must provide proof of negligence. The employee should prove that the accident that resulted in an injury at the workplace happened due to negligent actions of the employer. The negligent action can be as simple as not offering protective clothing or ensuring safe work conditions.
An employee needs to prove four things in the court to win an employer’s liability claim:
- Injury happened at the workplace
- The employer had the legal duty to protect employees from injury
- The employer is guilty of an action (or lack of action) that resulted in the injury
- The employee must have suffered provable damages due to negligent or willful disregard of the safety rules by the employer.
The provable damage can be in the form of lost wages, medical bills, physical pain or other problems that resulted due to the injury.
Workers’ Compensation Claim: What You Should Know?
A workers’ compensation claim also compensates the employees for injuries suffered at the workplace. However, unlike employers’ liability claim, the employee does not have to provide evidence against the negligent behavior of the employer.
An injured employee who receives workers’ compensation cannot file an employers’ liability claim. The compensation amount provides compensation for the following:
- Income loss
- Medical Cost
- Permanent disability benefit
- Temporary disability benefit
- Vocational rehabilitation costs
Remember that a workers’ compensation claim does not cover the cost of emotional pain and suffering due to the injury. As a result, the workplace compensation amount is generally smaller than the amount received in case of an employer’s liability claim filed in the court.
Contact Experienced Attorney for Help
If you have been injured in a workplace, you should contact an experienced attorney before filing a workers’ compensation claim. A professional attorney will advise you in taking the best course of action that will result in maximum possible compensation amount.
You should contact an attorney if you have suffered a workplace vehicle accident, repetitive motion injury, or orthopedic work injury. Getting professional help will ensure that you get adequate compensation for the physical, emotional, and financial loss suffered due to the workplace injury.
If you reside in Inland Empire, San Bernardino, Hemet or nearby areas in Southern California, you can contact Albert E Hirst – Workers’ Compensation Lawyer. Our highly experienced team can help you in getting the legal help you deserve. You can contact us by dialing (909) 885-7190.