It can be hard when you are injured on the job. It may put your health, time, and money at risk. Luckily, workers’ compensation benefits are available if you are injured at work. These benefits can assist you and your family in recovering from an injury. However, if you’re unhappy with your case was handled, you can file both workers’ compensation and personal injury settlement.
In this article, we will talk about the difference between workers’ compensation and personal injury settlement. We’ll go over how to file a claim and how to work on them in detail.
Example Scenario: Workers’ Compensation and Personal Injury Settlement
Imagine you’re driving to work as a nurse in Tampa, Florida’s largest hospital.
It’s a particularly busy day, and you’re involved in a car accident as a result of someone else’s negligence. So you contacted your lawyer to resolve your matter. Assuming that everything is in order (we wish it’s that easy), you proceed and drive to work.
It was a busy day at the hospital. You were racing from one patient to the next. After that, BANG! You slipped and fell, injuring your ankle.
What an unlucky day.
In these two incidents, you can file for both workers’ compensation and a personal injury settlement.
However, do you know which of the incident you can claim your workers’ compensation or personal injury settlement?
Continue reading to learn more.
What is Workers’ Compensation?
Any employee injured on the job is qualified for workers’ compensation benefits in a workers’ compensation case.
The slip and fall incident in the scenario above is clearly under workers’ compensation because it was not your intention for it to happen.
Workers’ compensation or “workers’ com” is a no-fault policy. It had to be an accident. It means you didn’t slip on purpose or acted with such gross negligence. Since it’s a no-fault system, you’re qualified to file a claim after a workplace accident, even if it was caused by your error and inattention.
Most likely, your employer didn’t explain this concept to you clearly.
Realizing that you can and should seek workers’ compensation payments whenever possible is critical. The benefits are available to help you heal and return to work without having to pay for medical treatment out of your pocket. You shouldn’t feel bad about using something like workers’ compensation insurance for its intended purpose.
Now that you know what workers’ compensation is, let’s find out its process and how to claim it.
How to file a Workers’ Compensation claim: What is the process?
The workers’ compensation claims process varies by state.
In most cases, injured employees must inform their employer and the workers’ compensation carrier. Injured employees are always encouraged to seek any necessary medical treatment first, regardless of state regulations.
After your treatment, there are important steps in the workers’ compensation claim process. You must:
- Inform your employer in writing
- Complete an official claim form (which should be provided by your employer)
- Keep detailed notes of your medical treatment
Below is the detailed workers’ compensation process.
Get Immediate Medical Attention
It’s important to get any medical treatment first because some workers’ compensation policies require you to see a doctor. Even if you don’t think you need medical help, it may be required for the workers’ compensation claim process.
When you need to see your doctor, it might be tough to schedule an appointment. If your doctor is unavailable, you can see a nurse practitioner, clinical nurse specialist, or physician assistant for treatment and initial documentation.
Check out this article to learn more about what NPs, CNSs, and PAs can do in the workers’ compensation process.
Remember, the medical report will act as an official record of your injuries and the basis of workers’ comp.
Inform Your Employer
You should inform your employer in writing as soon as possible following your injury.
In Tampa, Florida law requires you to inform your employer within 30 days after the injury. If the case involves job-related exposure, the period is extended to 90 days. If you don’t report the accident within this period, your employer has the right to deny your claim due to “late notice.”
Complete an Official Claim form
As part of the workers’ compensation claim process, your employer will most likely provide you with an official claim form. If not, you should seek one from your state’s workers’ compensation board. On your workers’ compensation claim form, you should include the following information:
- The type of injury and the body parts involved
- Injury date, time, and location
- Accident involved
- What caused the accident and
- Any medical help you’ve obtained
Your company will usually file your claim to the state workers’ compensation board, along with its insurance. After the insurer has checked your claim, an admin will inform you of its approval and the amount of coverage for which you are qualified.
Workers’ compensation will greatly assist you in covering the costs of your injury.
The law requires the company to provide workers’ com or else they will face criminal charges and lawsuits.. Workers’ compensation laws differ by state. Employers cannot prevent employees who file workers’ compensation claims in general.
Now that we have a better understanding of workers’ compensation, how does it differ from Personal Injury cases?
Keep reading to learn more about Personal Injury.
What is Personal Injury?
The difference between the two is that personal injury is a fault-based case, whereas a workers’ compensation claim is not. To be qualified for compensation, the other party must be negligent, which means they must have done something wrong.
The car accident scenario above is one example of a fault-based case. It was someone else’s error that leads you to an accident. To be qualified for compensation, you and your lawyer must prove that the other party did something wrong.
If you win the case, the emotional pain and suffering, as well as financial losses, are all covered. Damages include health costs, lost income, potential medical costs, irreversible impairment, and loss of pleasure in life.
In workers’ compensation, you are only eligible for weekly compensation, irreversible impairment benefits, health costs and potential rehabilitation. Workers’ compensation does not include emotional pain and suffering.
What you can and cannot do?
The workers’ compensation law ensures injured workers cover their medical costs on a fair and consistent basis.
In exchange, they couldn’t sue their employer for negligence. However, there are some exceptions.
For instance, if your injury was caused by an employer’s willful act, you can still file a case for pain and suffering damages.
How to Process a Personal Injury Claim: What you should do?
Accidents do not occur at convenient times. So, what should you do if you are a victim of an accident?
First, you should seek medical attention as soon as possible after an accident. Getting medical care will not only help you recover, but it will also act as documentation of your accident injuries.
Personal injury is not only about ensuring that your injuries are covered. It’s also about seeking justice for what happened to you.
This is where a personal injury attorney can help you.
Personal Injury Attorney: What can they do?
- Describes your rights
- Gives advise
- Represents clients in court
You should know that lawyers have skills. They can help in a variety of ways, including:
- Conducts a thorough investigation
- Makes contact with medical professionals
- Evaluates damages
- Works through various legal procedures
Conclusion: Workers’ Compensation and Personal Injury Settlement
Workers’ compensation, also known as “workers’ com,” is no-fault insurance coverage. It had to have happened by accident. You can file a claim if you’re involved in a work accident caused by your mistakes because it’s a no-fault system.
Personal injury is a situation of negligence. Someone else’s carelessness caused you to have an accident. To be eligible for compensation, you and your attorney must show that the other party was negligent.
Only weekly compensation, irreversible impairment benefits, health costs, and prospective rehabilitation are available under workers’ compensation. Workers’ compensation does not cover emotional pain and suffering whereas Personal Injury cases cover all of them.
Are you looking for Personal Injury Attorney in Tampa, Florida?
You don’t have to fight alone. Stokes Law Group is a personal injury law firm, handling cases of Slips and Falls, Car Accidents, and Wrongful Death. Our team will work with you as you recover from your injury.
At Stokes Law Group we pride ourselves on listening to our clients and providing the individual attention that they deserve. We offer free consultations and will work around your schedule so that we can provide you with the legal counsel that you need. We will also provide you with resources for medical care, rehabilitation, and other services related to your injuries.
You may contact (813) 444-4156 or schedule a consultation on this LINK.