You are injured while on the job. Is this a personal injury claim or a work injury claim? In almost all cases, when you suffer a work injury, you have no choice but to file a workers’ compensation claim. Even though a work injury and a car accident injury may be the fault of another person, because the work injury occurred within the scope of your employment, Indiana’s workers’ compensation laws limit your options regarding recovery for your injuries, losses, and damages.
What Is A Personal Injury Claim?
A personal injury claim can arise from a variety of accidents including:
- Motor vehicle crashes, including bicycle accidents and motorcycle crashes
- Pedestrian accidents
- Slip and fall accidents
- Defective products
- Railroad accidents
- Medical malpractice
The key to receiving compensation in a personal injury case is proving fault. You must prove that another party is at fault for the accident that caused your injury. You must also prove that you suffered damages as a result of the accident. Only then can you recover compensation from the other party.
Are You Required To Prove Fault In An Indiana Workers’ Comp Claim?
No, you are not required to prove fault in order to receive workers’ compensation benefits. Proving fault is one of the major differences between a personal injury claim and a workers’ comp claim. If you are injured while you are performing your job duties, you are covered under workers’ compensation. You do not need to prove that your employer was at fault or a co-worker was at fault for your injury. In fact, you can be responsible for your injury (i.e. you were not looking where you were going and you fell) and still receive workers’ compensation benefits.
However, the workers’ compensations system protects employers from being sued, even if the employer was at fault for your accident. If you are injured in a car accident, you must sue the at-fault driver if you cannot settle your claim. In a workers’ comp claim, you must appeal a denial of a claim rather than sue your employer in civil court.
Can I Receive The Same Compensation In Both Cases?
No, you do not receive the same compensation for a work injury that you do for a personal injury claim. In a workers’ compensation claim, you receive medical treatment for your injuries; however, you only receive a portion of your lost wages. In a personal injury claim, you are entitled to full compensation for lost wages. Furthermore, you are entitled to receive compensation for physical pain and emotional suffering in a personal injury case, but you are not entitled to this compensation for a work injury.
The benefits in a workers’ comp claim are limited by law. While this may seem unfair, you must remember that you are not required to prove fault in a workers’ comp claim as you are in a personal injury claim. If you are injured while on the job, you are entitled to receive medical care and other benefits.
In some cases, you may be entitled to sue a third party for a work injury. An Indiana workers’ comp lawyer can review your case to determine your legal options and advise what steps you can take to protect your right to recover compensation for an injury.
Call a Workers’ Comp Lawyer Now!
If you have been injured in a work-related accident, our workers’ comp lawyers want to help. Contact The Ken Nunn Law Office through Live Chat online or by calling 1-800-CALL-KEN or 1-800-225-5536. We offer free legal consultations and free case evaluations.
You have a limited amount of time to file a workers’ comp claim. Do not delay in contact our office to speak with a workers’ comp lawyer.