The Difference Between Personal Injury & Worker’s Compensation
When you are the victim of an on-the-job accident it can put you in a world wind that’s difficult to get out of. From missed work, to lost wages, and benefit issues there are a number of different claims that can stem from even just a single issue – no matter what line of work you are in. Whether you a police officer chasing down a suspect, a construction worker on a hazardous job site, or even a lawyer traveling to meet a client, risk can come at any moment in time. In the city of Ruskin, Florida it pays to be familiar with two important phrases, Personal Injury and Worker’s Compensation – and no matter which type of incident you might be in, it is important to attain the services of the top personal injury attorney Ruskin has to offer, Anissa K. Morris, Esq. getting the assistance of a qualified attorney can help you in a number of different ways. From things like gathering medical records and filling out valuable paperwork, to tougher things like boilerplate pleadings – essentially pursuing claims that may stem from just a single accident. Even for the top personal injury attorney Ruskin laws make things difficult, and there is a high burden of proof for such things that are more difficult to quantify like pain and suffering and similar items.
Especially in the great state of Florida, it can be difficult to differentiate personal injury claims from workers compensation. Even some of the top personal injury attorney Ruskin has working will sometimes classify workers compensation as personal injury claims. – even though this is far from the case. As per Anissa K. Morris, actually the top personal injury attorney Ruskin has in practice, even when an injury occurs during work hours, filing it as a personal injury or a worker’s comp is dependent upon a specific set of factors. For instance, even in a slip and fall at work it can become a tricky situation and can often go both ways, depending on the specifics. Some of the main difference between personal injury and workers comp are:
· Determination of Fault: As the top personal injury attorney Ruskin has in practice, it falls on Ms. Morris to determine the liable party in order to file a personal injury lawsuit or claim. This essentially means that you, as the injured party were hurt, directly as a result of the negligence of another party. In comparison, workers compensation covers specific injuries that occur even when there is no other party at fault. For instance, if you were to simply fall off a ladder at work, without another party at fault – this would a worker’s compensation claim.
· Recoupable Damages: For Anissa Morris, and any top personal injury attorney Ruskin laws indicate that they are able to make a claim for any damages that you might be entitles to, in multiple forms. These damages include not quantifiable items such as pain and suffering. Unlike workers comp claims which do not include pain and suffering, rather the more concrete damages like lost wages, medical bills, etc. During a personal injury claim, the negligent party must usually make a lump sum payment to the other party, whereas in a worker’s comp case they will usually only recover a monthly payment.
· Lawsuit: One of the major differences between the two, is that a worker’s comp claim isn’t a lawsuit in the conventional sense. Even for the top personal injury attorney Ruskin workers compensation claims usually prohibit you from filing a lawsuit after the fact – by collecting on the claim, you forfeit your right to sue your employer.
While these issues can be difficult to get a grasp on, it essentially comes to a case of liability. Once you realize who the liable party is or if there is one, any qualified lawyer will be able to help you identify which to file, and which will benefit you the most for the present as well as the future. Anissa K. Morris is the top personal injury attorney Ruskin and the surrounding areas has to offer. For more information and the best legal counsel when it comes to either a personal injury or workers compensation, contact her and the team at Spinner Law Firm today.