Personal injury damages can run deep. When you get hurt at the workplace, one of the things you need to consider is how you’ll recover physically and financially. Maybe you’re wondering what options are available to you to recover losses and damages. You might have heard about personal injury and workers’ compensation.
However, figuring out which of these concepts apply to you can be difficult. In North Carolina, personal injury differs from workers’ compensation. Therefore, knowing when to contact a Charlotte workers’ compensation lawyer is essential after a work accident. This article explores all you need to know about personal injury and workers’ compensation.
Understanding Workers Compensation
Workers’ compensation is a vital insurance program for employers. The worker’s compensation act states that when an employer has more than one employee, they must buy workers’ comp insurance. If an employee gets hurt at work, then the insurance pays them. When an employee gets injured during their employment, they can claim insurance payments irrespective of the cause. In complex cases, a Charlotte workers’ compensation attorney helps you get your compensation.
Understanding Personal Injury
This is usually a lawsuit that you file in a North Carolina court. If you want to win a personal injury case, you must prove that the other party was negligent. There’s a need for proof that they didn’t exercise caution and care, and that led to your injuries. Your lawyer prepares this case using the North Carolina court rules, and you can choose to settle before the trial or go to trial.
What North Carolina Workers’ Compensation Lawyer Says About Faults
One thing that distinguishes workers’ compensation and personal injury is the fault. Under work comp, an employee doesn’t need to prove fault to claim compensation. So irrespective of who caused the injuries, you can still recover your losses.
It’s different in a personal injury case because someone has to be at fault before you can succeed. It’s crucial to convince the jury that someone is responsible for your loss and needs to pay. A personal injury case is usually more difficult because you have to prepare evidence. You also need to present it to a jury in a convincing manner.
Damages Are Different
A workers’ compensation case allows you to recover damages for lost pay. Your compensation is calculated based on your weekly wages, and you could also get benefits for medical bills. Workers’ compensation also makes you eligible for vocational rehabilitation when you finally return to work.
On the other hand, a personal injury case allows you to get compensation for some of the same damages. Furthermore, it also gives you access to compensation for pain and suffering. This compensation isn’t available for a workers’ compensation case. There are times when you can even get punitive damages in a personal injury case. However, they’re not allowed in workers’ compensation cases.
Can a Charlotte Workers’ Comp Lawyer Get You Workers’ Compensation and Personal Injury?
As an employee, the best option for you is always to recover workers’ compensation payments. Workers’ compensation is often exclusive, so you can’t opt for an injury case instead. Some cases are, however, exceptions to that rule. For example, if you’re injured because of gross negligence on the side of your employer, a Charlotte workers’ compensation lawyer could make your case a personal injury matter.
Gross negligence could be if you had to work in a small space without adequate ventilation. In such a case, your attorney could make a personal injury case on your behalf. Another way you can get both workers’ compensation, and personal injury is if a third party is responsible for your hurt.
In such a case, you can bring a personal injury case against a third party. For example, if a manufacturer or customer’s action is responsible for your injury. In such a situation, getting workers’ compensation doesn’t stop you from making a personal injury claim against the person.
Contact Us Today!
If you get hurt at work, then you deserve to get the proper compensation. However, it can be tricky to determine the ideal compensation case for you. That’s why you need a Charlotte workers’ compensation lawyer to guide you in the path of getting what’s rightfully yours.
You need the right attorney to prepare your case to get the compensation you need. Our Charlotte workers’ compensation attorneys will help you do just that. From listening to the facts about your situation, our legal team will explain how the North Carolina law applies to your case.
We will also learn the options available to you, and together, we will create a plan to file your claim. So, schedule a free consultation with our workers’ compensation lawyers today.