If you are injured because of another party's negligence, you may be entitled to compensation. However, the type and amount of compensation depend on whether your case is considered a personal injury matter or a workers' compensation matter. Let's take a look at the key factors that determine the route your case will likely take.
Where Did the Injury Occur?
If the injury occurred while performing tasks for your employer, it is likely a workers' compensation case. If the injury occurred while on personal time, it is likely a personal injury case.
It's worth noting that there are some potential gray areas in the law as it relates to being on the clock compared to being on your own time. For instance, let's say that you are in a car crash while driving a company vehicle.
Let's also say that the wreck occurred while you were delivering a product to a customer. In that scenario, you would be considered to be performing a task for an employer and likely entitled to workers' compensation benefits. However, if the wreck occurred while you were going to the bank to deposit your paycheck, it would likely be considered as outside of work and within the realm of a personal injury case.
An Exception to the Workplace Injury Rule
A workers' compensation case may rise to the level of a personal injury case if you can show that your injuries were caused by your employer's gross negligence. This means that there was a wanton disregard for your safety that directly resulted in a fall, burn or other accident.
Gross negligence may include failing to provide safety gear or providing safety gear that a reasonable person knew posed serious risks to another person's safety. An attorney may be able to review the facts in your case to determine if your workplace accident might have been caused by a blatant disregard for your wellbeing.
What to Know About Workers' Compensation
The workers' compensation system is designed to help injured employees get the treatment that they need quickly. Most employers are required to carry workers' compensation insurance policies that payout after legitimate claims are made. Eligible employees have their medical expenses related to the accident paid in full as well as receive compensation for a portion of their lost wages.
There is no need to prove fault in such a case. As long as you can prove that the accident happened at work and wasn't the result of horseplay or being under the influence of drugs or alcohol, your claim will likely be approved. You may be required to see a doctor of your employer's choosing as part of the claim process, but you are allowed to see your own doctor as well for treatment.
What to Know About Personal Injury Cases
One of the downfalls of the workers' compensation system is that it limits the types of compensation that you may be entitled to. Generally speaking, you won't collect anything beyond medical bills and lost wages. However, in a personal injury case, you may be entitled to payment for pain and suffering, emotional distress and more.
It's possible for a personal injury settlement to be worth hundreds of thousands of dollars or more depending on the facts of your case. However, unlike a workers' compensation case, you will need to prove negligence on the part of the defendant. It's also possible that a monetary award may be reduced or eliminated if you are found to have contributed to the accident that caused your injuries.
What Types of Evidence Should You Collect?
The strength of your evidence will typically determine the outcome of your case. It will also play a role in determining what type of claim you can make and how long it takes to resolve the matter.
Ideally, you'll seek medical treatment within hours of your accident. Going to the doctor gives you a paper trail that can be used to verify that you were injured, suffered a financial loss and verify the extent of your medical bills.
You should also file a report with your employer either before or after seeking treatment. Doing so allows you to start with the claims process as little as a few hours after you have been hurt. It also creates a paper trail that can be used to verify that the accident happened, how it happened and that it was reported in a timely manner.
An attorney may be able to help you obtain evidence that might be pertinent to your case. Other lines of evidence that you might need include photos or video footage from the accident site. Witness statements or other documents may also help to strengthen your legal position.
If you are hurt for any reason, it's generally best to seek medical treatment and contact an attorney as quickly as possible. Doing so preserves and protects your rights throughout the legal process regardless of what that process might look like. It also allows you to focus on your recovery and achieving full medical improvement. It's worth noting that your employer and other parties to the case will likely have counsel of their own. Therefore, don't hesitate to level the playing field during what is likely to be a vulnerable time in your life.
