Main Differences Between A Workers’ Compensation Claim and Personal Injury

claim formIf you’re injured at work, it can be unclear if you should seek workers’ compensation or a personal injury claim, depending on the circumstance. While the difference between the two is slight, it is important to know what route to take to ensure that you receive your due payment for your injuries. Once you sustain an injury while at work, it is a good idea to contact a worker’s comp law firm in Wichita. An attorney can assist in determining which type of case you have based on the series of events related to the injury. Because there have been many cases where employees have filed the wrong claim when working on their own, Wichita KS workers compensation lawyers should be sought to avoid making mistakes that can have detrimental outcomes. The Franklin Law Office is highly experienced and can give you the answers you need.

 

Worker’s compensation only covers wages in very specific situations. As well, personal injury can only be claimed if the injury occurred in a certain way. The following points are a few that are considered when differentiating between a personal injury and a workers’ compensation:

 

Fault: When a personal injury claim is filed, it must be shown that someone is at fault. In contrast, an employer can follow all rules and not be at fault, but a workers’ compensation claim can still be filed.

 

Damages: Under a personal injury claim, a person can request all damages, including pain and suffering and will likely receive a lump sum. However, under workers’ compensation, pain and suffering is not factored in and payment is received in installments.

 

Further legal action/right to sue: Most often, you can’t sue an employer once you’ve sought workers’ compensation. This can be a very complex area and should be discussed with Wichita KS workers compensation lawyers.

 

The Franklin Law Office is ready to help you with your case. If you’re in need of a premier workers comp law firm in Wichita, our team is who you should have on your side.