Workers Compensation and Personal Injury Claims
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Difference Between Workers Compensation and Personal Injury Claims

Posted on |Legal Advice|| 0
Difference Between Workers Compensation and Personal Injury Claims

If you’ve been injured in a workplace accident, it’s important to know the different approaches personal injury and worker’s compensation can take. Oftentimes, workers’ compensation is the way to go. They understand how important it is to get the compensation you deserve. Here’s what you need to know about how each system works.

Worker’s Compensation

It’s a form of insurance intended for employees who have become injured or ill as a result of their duties at work. Workers’ comp benefits are paid for by the employer or an insurance company on behalf of the employer.

Personal Injury

It’s defined as a wrongful act causing bodily injury, wrongful death, and/or property damage.

Personal injury claims are not limited by the amount of insurance coverage the employer has available. They can be brought in under personal injury laws as a part of a civil process.

Normally, claiming compensation for a work injury involves an application to the Workplace Safety and Insurance Board (WSIB). Under the WSIB Act, a personal injury lawyer can only represent you if you’ve asked for their help. In any other case, the Board will consider all medical and rehabilitation evidence relating to the injury and make a decision.

The personal injury lawyer’s role is limited to presenting evidence that it was your employer’s negligence that caused your work injury. Of course, if you are injured on the job, you should report it right away. This ensures that an investigation can take place to determine who is at fault. An accurate assessment of the cause and manner of the injury will assist in deciding between a claim within the two very different systems.

In most cases, there can be a long period of time before an accident report is filed. You’re entitled to lost wages, compensation for expenses and any other costs relating to your work injury.

Difference Between Workers’ Compensation & Personal Injury Claims

  1. Worker’s compensation benefits are intended to cover an employee’s medical costs, rehabilitation, and lost wages following an accident or injury at work. In contrast, a personal injury claim is made by the injured party to recover the costs associated with medical care and any other losses resulting from an accident or injury. Under the WSIB Act, there can be no recovery for pain, suffering or loss of enjoyment of life.
  2. Worker’s compensation benefits are paid by pre-determined insurance premiums set by the employer, whereas personal injury claims are paid on a “no win, no fee” basis.
  3. Worker’s compensation is limited to the number of work-related injuries suffered by an employee in any one calendar year. In contrast, a personal injury lawyer can represent you throughout the lifetime of the injury.
  4. Worker’s compensation benefits are intended to compensate an employee for their medical expenses and lost wages following an accident or injury at work. While in a personal injury claim is made by the injured party to recover costs associated with medical care, rehabilitation and any other losses resulting from an accident or injury.
  5. Worker’s compensation benefits are not necessarily limited to the amount of insurance coverage the employer has available. On the other hand, a personal injury claim is not limited by any amount of insurance coverage. A personal injury lawyer can represent you in any state where there are personal injury laws governing worker’s compensation benefits, provided that there is no Act in place to guard against abusive practices by employers and their insurers.
  6. In most cases, an injured person must apply for worker’s compensation benefits through their employer. While in personal injury, a person can hire a personal injury lawyer right away to pursue a personal injury claim.
  7. The lack of fraud protection is a significant difference between worker’s compensation and personal injury claims. Workers’ compensation claims can only be made by the injured person or the injured person’s family member. Personal injury claims are made by anyone who has suffered an injury or lost a loved one.

Why Injury Lawyers?

They know that this may be the only chance you have to get the help you deserve. Injured workers should not have to suffer any longer than they must. They have personal injury lawyers who are dedicated and committed to ensuring that you receive fair compensation for your medical expenses, wage loss, and pain and suffering.

Irrespective of whether your case falls under the worker’s compensation system or not, it is very important to know your rights. Also, you should be aware of what personal injuries are, who can file a claim for personal injury and when personal injury is needed. When you have been injured at work or elsewhere, it’s possible that you can claim compensation for a work injury through worker’s compensation or through a personal injury.

Calgary injury lawyers can help you with your claim. They understand how important it is to get the compensation you deserve. You should not have to suffer any longer than you must. You deserve fair compensation for your injuries, medical expenses, wage loss, and pain and suffering.

Kirat Author

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