Personal Injury Claim vs. Worker’s Compensation – Understanding the Difference
Many people confuse workers’ compensation claims and personal injury lawsuits. However, there are some key differences between the two. If you are injured while on the job, it is important to speak with an attorney in Kansas City right away to help you know your rights and file a workers’ compensation claim.
The Workers’ Compensation Claim Process
If you are injured while on the job, then your work injury situation falls under workers’ compensation law in Kansas City. Injuries that occur out of and within the scope of your employment are handled based on workers’ compensation laws. Once you have filed this type of case, you are not allowed to file a personal injury lawsuit against your employer or the insurance company that represents them for damages and injuries that are related to the on-the-job injury.
If you file the workers’ compensation claim, then it is essential that you are able to prove that the injury took place at work. It is not necessary to show that anyone else’s negligent or fault resulted in the injury. Even if the accident was your fault, the employer’s fault, or even was the fault of no one, you still have a workers’ compensation claim. This is different from personal injury lawsuits, which is when the injured individual has to have the ability to prove that someone else’s negligence resulted in the injury.
Personal Injury Lawsuits Filed for Workplace Injuries
In some circumstances, it is a possibility for someone who was injured while at work to bring both a personal injury lawsuit and a workers’ compensation claim against the responsible individual(s). For example, if a worker is injured while on working and the injury was the cause of a dangerous or defective third-party item, the worker may be able to file a workers’ compensation claim against their employer, as well as a personal injury lawsuit against the manufacturer of the product.
For the personal injury lawsuit, you would have to provide proof that the third-party product resulted in the injury. These are extremely complicated cases that require the experience and skill of an attorney who understands both workers’ compensation law, as well as personal injury situations.
Kansas City Workers’ Compensation Lawyer
If you are ever injured at work and not sure what rights you have, then you need the help of a qualified, experienced workers’ compensation attorney. The legal team at The Law Offices of Brian Timothy Meyer are ready to help you determine what type of claim you can file. Our legal team has represented both personal injury and workers compensation cases in the past and can help you secure the compensation you deserve.
