While both workers’ compensation and personal injury claims could cover your medical expenses and lost wages, they differ in several ways. Whether you got hurt at work or you slipped and fell at a grocery store, it is important to understand how these claims vary.
In this guide, we will break down workers’ compensation vs. personal injury claims so you can see the differences clearly. After reading, you should have a better understanding of what workers’ compensation and personal injury claims are — and what they are not.
In Georgia, workers’ compensation is a no-fault system for on-the-job injuries. That means it pays no matter who caused the accident. The intent of this mandatory insurance is to cover economic losses, such as medical bills, prescriptions, and physical therapy. It also pays a portion of your lost wages, which is typically two-thirds of your weekly salary, calculated over the last 13 weeks of work. However, there is a cap on this amount, which is $533 a week for temporary partial disability and $800 a week for temporary total disability.
Workers’ compensation also provides employees’ families with death benefits, including $7,500 for burial costs. However, this insurance has its limits, including a lack of potential to recover for pain, suffering, and emotional distress. If you do accept a workers’ compensation payout, it also typically bars you from suing your employer for negligence.
A successful personal injury claim requires proof that someone else’s negligence caused your accident. However, if you have enough evidence, you and your Smith Hulsey Law attorney are in a position to recover broader damages, including pain, suffering, and in some cases, punitive damages.
It may also be possible to pursue a personal injury case in addition to workers’ compensation. However, you can only do this if a responsible third party, like an equipment manufacturer, vendor, or another driver, caused your workplace accident. This action could increase your settlement while you still receive workers’ compensation benefits.
At Smith Hulsey Law, we are the lawyers that the people of Georgia turn to for answers. We could help you understand the key differences in workers’ compensation vs. personal injury claims and determine which option is right for your situation. Our highly skilled legal team has in-depth knowledge of the local laws required to win big cases, and we could fight hard to protect your rights and secure the compensation you are entitled to. Get in touch with our team today.
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