When someone gets hurt on the job, one of the first questions they face is whether their case falls under worker’s compensation or if they should file a personal injury claim. Understanding the difference between these two legal areas is important because each one has different rules and benefits. At Neuberger, Griggs, Sweet & Froehle, LLP, we help injured workers figure out the best course of action with the help of a skilled attorney.
What Is Worker’s Compensation?
Worker’s compensation is a special system that helps employees who are hurt while doing their jobs. It covers things like medical bills, lost wages, and rehabilitation. The main benefit is that you don’t have to prove your employer did something wrong. If the injury happened while you were working, you usually qualify. A worker’s compensation attorney can help make sure you receive every benefit you’re entitled to.
What Is a Personal Injury Claim?
A personal injury claim is different. In these cases, you must prove someone else caused your injury through negligence. That could be a property owner, another driver, or even a manufacturer. If you win, you may get money for medical costs, lost income, and pain and suffering. However, proving fault is key. This process can take longer and be more complex than filing for worker’s compensation.
Key Differences Between the Two
The main difference is fault. With worker’s compensation, fault doesn’t matter. With personal injury, it does. Another big difference is the kind of compensation you can receive. In worker’s compensation cases, pain and suffering aren’t covered. But in a personal injury claim, they are. A worker’s compensation attorney can explain what options apply to your situation and whether one path or both are possible.
When Worker’s Compensation Applies
If you’re injured while performing your job duties, whether you slipped on a wet floor at work or were hurt lifting heavy boxes, worker’s compensation is likely your best path. It covers your medical treatment and partial wage replacement. A worker’s compensation attorney will help you file your claim, collect the right paperwork, and fight any denial of benefits.
When Personal Injury Applies
If a third party causes your injury, such as a driver hitting you while you’re making deliveries for work, you may also have a personal injury case. This means you can pursue a claim against that third party while still receiving worker’s compensation. Having a lawyer who understands both systems is important. A worker’s compensation attorney can coordinate both claims to avoid delays and confusion.
Can You File Both Claims?
In some cases, yes. You might file a worker’s compensation claim for your job injury and also a personal injury lawsuit if someone else was at fault. For example, if you’re hurt by faulty equipment, you might sue the manufacturer while collecting worker’s compensation benefits. A worker’s compensation attorney ensures both claims are managed correctly so you don’t risk losing benefits.
How a Worker’s Compensation Attorney Helps
A worker’s compensation attorney understands the complex rules that govern these claims. They know how to deal with insurance companies, gather the necessary medical records, and meet deadlines. They also know when a case might qualify for both worker’s compensation and personal injury. Their guidance can make the difference between a denied claim and a full recovery.
Common Problems in Worker’s Compensation Claims
Sometimes claims are denied because of missing paperwork or disagreements about whether the injury is work-related. A worker’s compensation attorney can challenge these denials and represent you at hearings. They’ll also help if your employer’s insurance refuses to pay for treatment or tries to end your benefits too soon. Their goal is to make sure you get all the support you deserve.
Worker’s Compensation Benefits You May Receive
Typical benefits include medical care, temporary or permanent disability payments, vocational rehabilitation, and wage replacement. These are essential for people who need time to heal or change careers due to their injuries. A worker’s compensation attorney will explain each benefit and help you claim what’s rightfully yours.
Why Legal Support Matters
Going through the claims process alone can be overwhelming. Having a trusted worker’s compensation attorney means you don’t have to handle it all by yourself. They’ll make sure your paperwork is correct, your rights are protected, and you’re not missing out on benefits. At Neuberger, Griggs, Sweet & Froehle, LLP, we work hard to take care of the details so you can focus on your recovery.
Contact Us Today
If you’ve been injured at work and are unsure about your next steps, let Neuberger, Griggs, Sweet & Froehle, LLP help. Our experienced team is ready to guide you through the process and protect your rights. To get started, schedule a consultation today. Call us at (920) 261-1630 and speak with a dedicated worker’s compensation attorney who will fight for the benefits and support you deserve. We’re Here, We Can Help.