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Workers’ Comp vs. Personal Injury

Presser Law, P.A. > Personal Injury  > Workers’ Comp vs. Personal Injury

If you have recently been injured under work-related circumstances, it is time to connect with an experienced attorney in your area. Depending upon your work classification, the circumstances of your work-related injury, and a few other factors, you could be in a strong position to pursue one or more kinds of compensation related to the harm that you have suffered. However, it is important to act fast. All injury-related legal claims are subject to statutes of limitation which limit the amount of time during which injury victims can seek compensation. But work-related injury scenarios are particularly time-sensitive because one kind of work-related compensation often limits victims’ ability to collect if they don’t take action within 30 or so days of being hurt.

Workers’ Compensation Benefits

Workers’ compensation benefits are generally made available to all workers who are hurt or made ill on the job, if they are eligible for coverage in the first place. Most full-time and part-time workers who are properly classified as “employees” are eligible for this coverage in the U.S. Workers who have been classified improperly as independent contractors and who should properly be classified as employees are also generally eligible for this coverage. Workers of certain specialty industries and workers employed at very small companies may not be covered by workers’ compensation.

If you are unsure of whether you’re eligible for workers’ compensation benefits, that’s okay. As an experienced workers’ compensation lawyer – including our friends at Cohen & Cohen – can confirm, many American workers have not been given proper notification of their eligibility for these benefits. A lawyer can help you to clarify your rights and options. If you are eligible for workers’ compensation coverage, know that you are likely entitled to a benefits award even if the injurious circumstances that led to your harm were your fault. Unlike personal injury claims, workers’ compensation coverage is not based on fault.

Personal Injury Compensation

If you were either not responsible for the circumstances that led to your harm or were only partially responsible for them, you may be in a position to file a personal injury lawsuit. Although you will not be able to sue your employer for compensation if you are eligible for workers’ comp benefits, you may hold others accountable for their negligent, reckless, or intentionally harmful conduct that directly contributed to the cause(s) of your work-related injuries and/or illness.