05 Nov Are Personal Injury Law and Worker’s Compensation the Same Thing?
Many people get confused with these two legal terms. They often mix them up. However, there are many differences between Personal Injury Law and Worker’s Compensation. Both are concerned with addressing the compensation of workers arising from injuries. In reality, the process and outcomes differ. Therefore, it is critical to understand how Personal Injury Law and Worker’s Compensation work:
What Is Personal Injury Law?
The key concept in Personal Injury Law is the negligence of others. It is what the legal responsibility is based on. To successfully file a personal injury case, you must prove negligence and liability. It is not enough to just prove that the accident took place. In general, personal injury claims must be made within three years. Otherwise, your claim will be at risk of becoming void, according to the law.
According to Personal Injury Law, you can claim a wider range of damages. In contrast, with Workers’ Compensation, the compensation will be limited to prescribed benefits. In personal injury cases, you can make your claims against third parties. It does not have to be against the employer only.
What Is Workers Compensation?
Personal Injury Law is concerned with negligence and proving liability for occurred damages. On the other hand, Workers Compensation is centred more around providing a safe workplace and supporting employees. It does not require evidence of negligence.
Workers Compensation claims are brought under a ‘no-fault’ theory of liability. In other words, fault or negligence are not factors in making Workers Compensation claims. Workers can claim compensation, regardless of who was responsible for their work injury. However, according to the law, the injury must have occurred within the working environment. Unlike Personal Injury Law, Workers Compensation claims should be made within six months only.
Differences in Benefits
Unlike Personal Injury Law, Workers Compensation claims do not require proof of negligence. Therefore, an injured worker is entitled to compensation. Typically, the injured workers will be compensated for their medical and rehabilitation expenses. They will also get a partial replacement of any wages they lost during their injury period. In some cases of permanent impairment, the worker will get a lump sum compensation.
At C+F Lawyers, our team of personal injury lawyers can help you with injury compensation claims in Adelaide. Our lawyers have years of experience dealing with a broad range of Personal Injury Law and Workers Compensation claims. They will advise you of all the legal options available to you. With us, you can rest assured you will get trusted legal advice you can rely on.
Get an initial obligation-free consultation. Contact our personal injury lawyers now!