Often times, when they are hurt, people are unable to decide whether their injury is covered under Workman's Compensation or personal injury law. The definition of each varies by state, however a decent Las Vegas accident attorney can assist you in clarifying the differences between the two.
Personal Injury law applies to anyone who is hurt or injured due to the actions of others. This also includes the inactions of others as well. Wrongful Death cases also apply here as well. When trying to recover personal injury damages, the injured party must prove negligence. They must prove that the negligence of the defendant caused those specific damages. Those damages must be a result of that negligence.
Personal injury law is designed to aid the injured person in becoming 'whole" again. Defendants have quite a few defenses at their disposal intended to protect their interests. These defenses could allow them to escape culpability for their misconduct. The 'defenses' allowed in personal injury situations do not apply to employers involved in workman's compensation incidents. Lastly, when negotiations break down between the involved parties, personal injury lawsuits are heard by a jury in a trial setting.
In contrast, Workers Compensation Law only applies to people who are working and injured while working on the job. Injured workers are entitled to Workers Compensation benefits regardless of who was at fault in the injury. As long as an employer makes these Workers Compensation benefits available to all employees, the employer cannot be sued for Personal Injury or Wrongful Death damages. In these instances, the Workers Compensation is the main recourse for the employee.If someone injures a worker while on the job, that injured party can sue the individual in a Personal Injury case. In Workers Compensation cases, the benefits have limitations and cover medical expenses, disability payments, and re-training benefits. Because of the limitations placed on the coverage of these, a seriously injured worker is usually never adequately compensated for their loss or injury.In a Workers Compensation claim, attorneys will generally not get involved because the only time they are needed is when the employers insurance company 'controvert' or denies the claim. As opposed to a jury trial in Personal Injury cases, all Workers Compensation cases are filed with the Workers Compensation Board, and are decided by the board if a settlement between the employers insurance company and the injured employee cannot be reached.
There are many other distinctions between the two types of law, but these are some of the major differences. In all cases, be sure to consult with an experienced attorney so they can advise you on your best course of action.
Author Resource:
Finding a good Personal Injury Las Vegas Attorney can be difficult. Author, Anthony Flores helps attorneys with their search engine marketing and helps them get clients when they search for an Las Vegas accident attorney . You can reach Mr. Flores for a free consultation at http://www.attorneymarketingnow.com
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