Main differences between a personal injury case and an employee compensation case

It is not enough just to know the law. It is important to fully understand the differences between certain principles, and only then can you begin to gain a thorough understanding.

The law is a very complex subject and it is very easy to confuse one aspect of the law with another. A prime example of this is the distinction between personal injury cases and employee compensation cases. While these two aspects of the law serve to protect the rights of the injured, they each have significant differences that we need to understand in order to determine the best possible approach to a case. With this in mind, the distinguishing features between a case of personal injury and a case of employee compensation are listed here.

Tort

A tort or fault is a negligent or willful failure to act sensibly. It can also refer to the negligent failure to take an appropriate action due to negligence, ignorance or gross negligence. When these actions (or inaction) hurt a person, they become a failure. In any case of personal injury, the element of the offense is of critical importance. On the other hand, in an employee compensation case, no party is deemed to be at fault, as it is assumed that the injuries sustained by the claimant were due to an accident and therefore no one is at fault.

Function / approach

In order to receive compensation in a personal injury proceeding, you need to know who is liable after an accident. It is believed that your injuries were caused by someone else’s negligence. On the other hand, the applicant must provide evidence that the injuries sustained were work-related in order to qualify for compensation in an employee compensation case.

Worker on a ladder; Image from Sol via Unsplash.com.

In the case of a personal injury claim, the culpable party is not only liable under civil law, but depending on the extent of the injuries and death, the accused can also be made criminally liable. This does not apply to an employee compensation claim for which the employer assumes no liability. It is just a determination of whether the claimant is entitled to compensation.

Type of remuneration

Different cases have different types of compensation. In the case of an employee compensation claim, the claimant is entitled to weekly compensation, payment of medical bills and compensation for lost wages as a result of the injury suffered. Since a person is at fault in personal injury proceedings, an applicant can claim the same compensation as in an employee compensation case, but with additional compensation for pain and suffering as well as punitive damages.

Can I make both claims at the same time?

The short answer here is yes, but only if a third party is involved. This is a rare occurrence when you are injured at work due to negligent behavior by a third party. You can submit a claim for compensation to employees and a personal injury claim against the third party responsible for your injuries from your employer.

It is not enough just to know the law. It is important to fully understand the differences between certain principles, and only then can you begin to gain a thorough understanding.

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