Workers Compensation Law and Personal Injury Law -- How They Differ

Very often, when there is an accident or injury, the majority of people can't tell whether it falls under Workers Compensation or Personal Injury under the law. A competent Las Vegas Personal Injury attorney can assist you with identifying some principal points of law -- though some states' laws may vary. 

If a person is harmed as a result of another person's actions, that is Personal Injury law. Someone else's failure to act is also included here. Similarly, Wrongful Death is also included in this category. It is up to the injured party to actually prove negligence to receive personal injury damages. It is necessary to prove that those particular damages resulted from the defendant's negligence. It is necessary for the negligence to have cause the damages.

Personal injury law's focus is trying to "make whole" the injured party. The defendant may have many defense options that will shield them; none of these are set in stone. They can escape paying for damages they caused through their negligence or wrongdoing. In Workers Compensation law, the employer does not have the "defenses" common to Personal Injury law at its disposal. If attempts at a settlement fail in a Personal Injury case, a jury will make the decision on the case.

The only individuals protected under Workers Compensation law are those who are injured while working at their place of employment. Regardless of the circumstances surrounding the injury, an injured employee will receive Workers Compensation. An employer cannot be sued for Wrongful Death or Personal Injury as long as Workers Compensation benefits are provided to all its employees. The person injured on the job thus has Workers Compensation as his or her principal recourse. If a person is injured on the job by another person, then the injured person can file a Personal Injury claim. The benefits paid in Workers Compensation cases are limited, covering re-training, disability payments and medical expenses. These limitations make it difficult for an injured employee to really be fully reimbursed for his injuries and his losses. An accident attorney usually not take a Workers Compensation case, because he is not needed unless the insurance company of the employer "controverts" (denies) the claim. In Workers Compensation cases, unlike in Personal Injury cases, there is no jury; rather, the Workers Compensation Board hears the case, and decides the case if no agreement can be reached between the injured worker and the employer's insurance company.

These are the major differences between the two kinds of law, though there are many others as well. A competent attorney can advise you of your best options; do not hesitate to consult one if the need arises.