There is a tremendous difference between workers’ compensation cases and personal injury cases in the legal world. To explain it as simply as possible, personal injury cases are lawsuits that are heard in civil court, while workers’ compensation cases are filed with an insurance company, similar to filing a claim with an auto insurance company. While both types of cases can result in compensation for injuries, the biggest difference between the two types of cases is the liability aspect.
Florida workers’ compensation laws entitle workers who are injured on the job benefits to compensate them while they are recovering from the work-related injury. Someone who is injured on the job is entitled to weekly compensation, payment of medical bills and, if necessary, vocational rehabilitation, and, if the injury is permanent, benefits for being permanently impaired. It does not provide an allotment for pain and suffering. Workers’ compensation was created to protect both employers and employees and eliminate employment litigation from the courtrooms.
While it is not necessary to prove fault in workers’ compensation claims, personal injury is based on negligence. In order to pursue a personal injury case in Florida courts, negligence must be proved. Unlike workers’ compensation claims, personal injury cases provide compensation for pain and suffering, as well as loss of work earnings, medical bills, and any other damages. There is no limit for compensation awarded in personal injury lawsuits.
Do I Need a Lawyer?
Despite the differences in the two types of injury cases, it is still recommended
that you hire either aFlorida workers’ compensation attorney or
a Florida personal injury lawyer who understands the intricacies of the
different laws. Workers’ compensation companies can be tough with
their claims processes and they have the ability to deny claims at their
leisure. An attorney can help circumvent some of the more common reasons
claims are denied. Additionally, the proof that personal injury case requires
the knowledge and experience of an attorney before heading to court.
If you are still confused whether you should hire a workers’ compensation lawyer or a personal injury attorney, you can contact my office for a free consultation to determine what type of services you need. Whether you have suffered an injury at work or at the hands of a negligent party, you deserve compensation to help you pay your bills. You should not have to suffer through this alone. Call our firm today for assistance.