What is the Difference Between a Workers’ Comp and Personal Injury Claim?
In a personal injury case, which focuses on the negligence of another party, you may be entitled to additional types of damages than you would be in a workers’ compensation claim.
When accidents and injuries occur on the job, it can have a dramatic impact on every area of your life. You may be unable to work or perform even simple tasks around your home, while requiring extensive and ongoing medical care. In this situation, getting the maximum amount of compensation you are entitled to plays a key role in your recovery.
How Workers’ Compensation Applies in Your Case
For employees in Nebraska, workers’ compensation acts as a form of insurance in the event on-the-job accidents and injuries occur. Administered through the Nebraska Workers’ Compensation Court, it provides reimbursement for:
● Lost wages;
● Related medical expenses;
● Partial or complete disabilities you suffer as a result;
● Vocational rehabilitation, which can provide the skills you need in seeking a new career if your injuries prevent you from returning to your prior position.
Workers’ compensation benefits are provided through employers and their insurers. By providing these benefits to employees, companies can avoid being held legally liable through a personal injury claim.
When You May be Entitled to Damages in a Personal Injury Claim
One of the major differences between workers’ compensation and personal injury claims is the issue of negligence. In a workers’ compensation claim, you may be entitled to benefits even if you were at fault for your injuries. Under the Nebraska Statutes, the fact that another party was at fault lies at the heart of your personal injury claim.
Another key difference between a workers’ compensation claim and a personal injury lawsuit is the total amount you may be entitled to collect. Workers’ compensation only pays for the actual costs or lost wages and medical expenses. In a personal injury claim, you can claim additional damages, which include:
● Compensation for the pain and suffering your injuries caused;
● Compensation for your family members, due to loss of companionship and enjoyment of life they suffer;
● Compensation for future losses and expenses you are likely to incur;
Discuss Your Case With Our Nebraska Workers’ Compensation Attorney
When injuries happen, you have only one chance to get the compensation you need in a claim. At Andres Law Offices, PC LLO, we help you get the maximum amount you deserve. To request a consultation, contact our Nebraska workers’ compensation attorney today.