Every day, there are hundreds of injured working individuals all over California. According to the statistics, almost 50 percent of them receive compensation and benefits for the injuries they sustained. The other half does not. The reasons could be either a:
- Denied claim or
- Doing nothing
In fear of losing their jobs, many employees simply decide to move on without seeking any benefits or compensations for their injuries; however, those who do end up getting a substantial amount of money.
The essential thing to understand is the difference between a personal injury case and a workers’ compensation case. If you have trouble differentiating between the two, here is how you can know for sure which claim to file.
The Main Difference
The first thing you should consider is the following: is anyone responsible for your injury? Did someone’s negligence cause you to receive an injury?
If the answer is yes, then you are dealing with a personal injury and should file a personal injury claim. However, if you sustained an injury by accidentally slipping and falling or by operating a machine, you cannot really pinpoint a person and say that “they are responsible for your injury”. In this case, you are eligible to file for workers’ compensation. Speak with one of our Workers Compensation Attorneys in Los Angeles, schedule your initial free consultation and receive a free case review along with legal guidance you require in order to pursue the right claim.
Damages You Can Recover
Another thing you need to understand is the main difference in the compensation you can receive from both of these claims. With a personal injury claim, you can receive compensation for all the damages you have suffered, ranging from:
- Lost wages (past and future)
- Lost earning capacity
- Medical expenses (current and future)
- Permanent impairment
- Pain
- Suffering
- Loss of enjoyment of life
Additionally, your spouse can file an additional claim for loss of companionship. But again, someone’s negligence has to lead to your injury, and that someone will be responsible and at fault. Their insurance company will cover all your expenses if you win the trial or settle a good deal.
With workers’ compensation, you have to be aware that you will receive compensation for:
- Impairment (temporary, permanent)
- Weekly compensation based on your average weekly wages
- 2/3 of your lost wages
- Medical bills
- Vocational rehabilitation and retraining (if needed)
Workers’ compensation is basically an agreement between you and your employer, where you sign a form and lose the right to sue your employer or the company, in exchange for weekly compensation based on the injury you sustained. You have to act fast, as you only have a certain time period to report the injury and start the process. You are going to need a skilled and experienced attorney by your side in order to have your initial claim succeed. If you don’t have an attorney, consider getting in touch with one of our Los Angeles Workers Compensation Attorneys. They are the best chance you have of getting the compensation you deserve. Give us a call today!
0 comments:
Post a Comment