trauma coping

Workers Compensation vs. Personal Injury Claims: What You Need to Know

Finding yourself injured on a job site is a concerning experience that can put your entire future into jeopardy. Even a small accident can lead to long-lasting implications in a person’s life, which is why learning how to rectify those issues via compensation is so important. Depending on the circumstances surrounding your accident, however, there are two methods of reparations one may seek: workers compensation insurance or a personal injury lawsuit.

What is Workers Compensation Insurance?

For those who have never heard of the term before, the definition of workers compensation insurance is a benefit for workers who are injured or fall ill due to or being caused by the course of their work. This insurance will offer payment for medical bills, temporary expenses related to your injury or illness, and various benefits to make a person whole.

Workers Comp Insurance For Employers

How is Workers Compensation Different from Personal Injury?

Oftentimes, people confuse workers compensation with personal injury when they suffer an accident on the job. The key difference between the two is that workers compensation is a form of insurance whereas personal injury is a subset of tort law and is typically a civil, rather than criminal, lawsuit. Personal injury occurs when one party is injured as a result of the negligent actions of another, whereas fault doesn’t matter as much with workers compensation insurance.

Can You File for Workers Compensation and Personal Injury?

In most cases, a person cannot file for both workers compensation insurance and personal injury. Part of the benefit of having workers compensation as a company is that they are protected from lawsuits when an employee accepts the benefits of workers compensation following an injury. However, if the employee is suing for a different aspect of the injury that is not covered by workers compensation and falls under personal injury law, then it’s feasible they could file for both.

5 Basic Types of Workers Compensation

For those who suffer from construction accidents in Queens, it can be beneficial to know what type of workers compensation may apply to your specific situation. Below are the five main categories to be aware of:

1. Medical Care Compensation

The first and most basic form of workers compensation offers financial coverage for medical expenses resulting from the injury or illness a person suffers on the job. Expenses such as those related to surgery costs, medical consultations, ongoing medical treatment, and other types would all be covered under this form of workers compensation.

2. Temporary Disability Benefits

Serving as a more unique form of workers compensation insurance, temporary disability benefits insurance will offer payments on an ongoing basis while a person is qualified is being temporarily disabled. Once that person has recovered fully from their injury and can return to work, the payments will cease.

3. Permanent Disability Benefits

Similar to temporary disability benefits but being far more expansive, permanent disability benefits workers compensation insurance will provide a person with financial compensation in perpetuity following their accident. However, should that person ever somehow manage to no longer be qualified as disabled due to their injury, the payments would stop.

4. Supplemental Job Displacement Benefits

In the event that the injury a person suffers is recovered from, yet they are unable to return to the original job that they had before, this form of workers compensation insurance will kick in. Supplemental job displacement benefits will provide a person with financial reimbursements for expenses related to acquiring a new job, whether that be education costs, job searching costs, or other similar types of expenses.

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5. Death Benefits

Finally, should a person’s injury or illness be so severe that they unfortunately pass away, the death benefits associated with workers compensation will activate. These benefits almost always go to the beneficiary of the person who died and will be used to pay for funeral expenses or other similar costs that come with a loved one passing away.

Receive compensation for your injury today

Rather than settling for living with an injury that occurred in a workplace, take the time to consider whether workers compensation insurance or a personal injury lawsuit is right for you. Choosing to use one of these options could provide you with the financial compensation you need to be made whole following your accident, regardless of who’s fault the accident actually was. Reach out to a certified injury lawyer who can help you decide which course of action is right for you.

Salman Zafar
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