The Lowdown on Worker’s Compensation and Personal Injury Settlements
When you’re injured at work, knowing what to do afterward can be stressful. Being put out of work because of an injury means having to figure out how to pay your bills, keep you r finances afloat, and taking the proper steps to get back to working health.
In the world of work-related injuries, there are generally two forms of actions taken after getting hurt. Workers’ Compensation and Personal Injury Settlements comprise most all cases of injury at work, but the difference between them is not entirely obvious.
Having proper legal representation from the moment you are hurt at work is one of the most important aspects of ensuring you get everything you are entitled to. Below, we’ve laid out the basic definitions of—and differences between—Workers’ Compensation and Personal Injury Settlements.
If you find yourself suffering from a work-related injury, give Moynahan Law a call immediately so we can get to work fighting for you.
Workers’ Compensation and Personal Injury Settlements—What Are They?
The difference between Workers’ Compensation and Personal Injury Settlements comes down to what legal steps need to be taken to receive the compensation you are entitled to in the case of a work-related injury.
Businesses will often pay for a Workers’ Compensation insurance plan, which is an insurance product that pays for lost wages and damages suffered by an employee who is hurt at work. If you are hurt at work and the injury is deemed to be work-related, you can apply for your employer’s Workers’ Compensation plan.
The important aspect of Workers’ Compensation is that, in most all cases, receiving these benefits is contingent on an agreement that you won’t sue your employer directly for the injury. The terms of Workers’ Compensation insurance plans typically have a clause that makes receiving these benefits a de facto agreement of this condition.
How Are Injury Settlement Payments Structured
The payments for Workers’ Compensation are structured around how much you make at your job, the cost of medical attention for the injury, and how long you would be losing wages without working. Also incorporated in Workers’ Compensation settlements are current and future lost wages, and—in cases of fatality—life insurance payments.
Then, there are Personal Injury Settlements. In cases where an employer does not have Workers’ Compensation insurance—or where the cause of your injury is a direct result of negligence on the part of an employer, these settlements are the typical course of action.
Personal Injury Settlements in most cases bring you through the court system. Sometimes settlements can be reached out of court, but oftentimes employers will try to prove the injury was caused by your own negligence.
What is The Difference Between Workers’ Compensation and Personal Injury Settlements
One of the key differences between Workers’ Compensation settlements and Personal Injury Settlements is the concept of “pain and suffering.” In Workers’ Compensation settlements, the emotional, psychological, and physical pain from a work-related injury is not incorporated into the settlement.
In the case of Personal Injury Settlements, the trauma experienced because of the injury can mean thousands of dollars in additional benefits from the settlement. As this part of a case is difficult to formulate in court, an experienced personal injury lawyer is always a recommended part of your legal approach to Personal Injury Settlements.
If you find yourself injured at work, give us a call immediately at (203) 597-6364. Injuries at work—and the proceeding legal processes—are a difficult and arduous process, but you don’t have to go through it alone.
Timothy C. Moynahan is the CEO and owner of Moynahan Partners, which offers business development consultancy, identifying strategic business partnerships and funding sources. He founded and heads the Moynahan Law Firm, Waterbury, Connecticut, and is “of counsel” to the Jin Law Group at 200 Park Avenue in New York. He is a sought-after and successful trial lawyer, earning the Super Lawyer of New England and Connecticut awards from 2009 to 2012 and Best Criminal Defense Attorney accolade in 2013.