The main difference between having a workers comp or personal injury claim is proving fault.
When you are injured either at work there are times when you can make a claim for workers’ compensation and others when it might be a personal injury case. The major difference between the two is the determination of who is at fault and what you were doing when you were injured.
Workers’ compensation insurance is not based on negligence. It is a type of insurance policy that is taken out by employers in Missouri to ensure that they have the assets available to pay when someone is working under the scope of their work duties and is injured. To make a workers’ compensation claim, you can be completely responsible and negligent for your injuries and still be entitled to collect.
The answers to the following questions can help you determine which type of case you can claim for your injury:
What do you need to prove your workers’ compensation eligibility?
The biggest stipulation to making a claim for workers’ compensation is that you have to prove that your injuries not only happened while you were at work, but that they were sustained while you were performing work-related activities. Therefore, it is not enough to say that you were at work when you were injured. You also have to prove that you were working under the authority of your employer.
What if you were injured at work, but you weren’t doing work-related activities?
If you are injured while at work, but weren’t performing duties as described under your employment specifications, then it you’re likey not eligible to collect workers’ compensation. But that does not mean that you necessarily have to incur the cost of your injuries. There are times when you still have legal recourse to have your injuries covered.
If you are injured at work – even if you weren’t performing under the scope of your work duties – and you can prove that someone or something else was negligent, then you might be eligible to sue for personal injury. To do so, you have to show that someone was negligent and that it was their negligence that led to your injuries.
What am I entitled to collect for workers comp versus personal injury?
Workers compensation differs from personal injury because you are only entitled to collect for your lost wages and medical costs, or “economic damages.” However, in a personal injury case, if you can prove that someone else is to blame then that entitles you to collect for both your medical costs and lost wages, along with non-economic damages – things like pain and suffering, emotional duress, and loss of consortium.
St. Louis Workers Comp Attorney
If you are hurt while working in Missouri, then that doesn’t necessarily mean that you are entitled to workers’ compensation. But if you can prove that your injuries were the cause of someone’s negligence, then you might have a case for personal injury. The type of case that you have depends on the events surrounding the incident. To know which type of case you have, contact a St. Louis workers’ compensation lawyer to discuss your case.
For more than 20 years, the Law Office of James M. Hoffmann has been helping injured workers receive the benefits they are their family need. Call us for a Free consultation at (314) 361-4300 or fill out our online contact form.