What is the Difference Between a Personal Injury Claim and a Workers' Compensation Claim?
Car accidents are a leading cause of personal injury across the country. Drownings, as well as slip and fall accidents, are other examples of personal injuries that occur frequently. Accidents leading to injuries can happen anywhere, including your place of employment. When you are in a Florida workplace injury accident, the one thing that you know is you will need help paying for your medical expenses in addition to financial assistance to cover your wages while you are out of work recovering. Determining whether you should file a personal injury claim, a Florida workers’ compensation claim or both can be confusing. When you consult with an experienced Florida workers’ compensation attorney, you will receive the best advice on which options are available to you and the best way to proceed forward.
Personal Injury Claims Versus Workers’ Compensation Claims
Florida workers’ compensation claim is appropriate when you have been injured at work. There is a very big difference between a personal injury claim and a worker’s compensation claim. When you have an on the job injury you don’t have to prove fault and you may even be responsible for your injury accident, but you will still be able to file a workers’ compensation claim. However, the compensation you receive in a workers’ compensation claim is limited. When you are filing a personal injury claim you must prove that there was negligence.
There are situations where you may be injured at work and a third party was negligent which would pave the way for you to also file a personal injury claim. Personal injury claims cover many more damages than a workers’ compensation claim will. For this reason, the amount that you can get in a settlement has the potential to be very high based upon the details of your accident and injuries. Some examples of injuries at work that could also qualify for a personal injury claim include:
- A defective product that causes an injury gives you an opportunity to file a suit against the manufacturer of the product.
- When your employer acted in an egregious way where they deliberately tried to harm you or their actions would clearly lead to personal harm you would be able to file a suit.
- If you were injured or fell ill from a toxic substance or a material that is illegal you can file a suit.
- Injuries that are the result of the negligence of a third party can result in a personal injury suit.
The important thing to understand is that after an injury accident at work, you deserve compensation. Your situation may only call for a workers’ compensation claim to be filed, or it could potentially also merit a personal injury claim too. Either way, to ensure that your claim or claims are filed properly so that you get the money you need, speaking with a Tallahassee workers’ compensation claim is essential.
Find an Experienced Florida Workers’ Compensation Attorney
Florida Workers’ compensation laws are technical and complex, to ensure that you are receiving the best legal representation, the attorney you work with must have plenty of experience. Stephen M. Andrews, P.A. has more than 35 years of experience helping victims with their workers’ compensation claims and personal injury claims. To schedule your free consultation, please call (850) 906-9599 today.
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