If you’ve been searching the internet for information on personal injury lawsuits or workers’ compensation laws, then you’ve probably realized that most websites use the two situations interchangeably. Unfortunately, this can get confusing for many people, especially because there are some stark differences between the two. This small guide can help you learn about some of the key differences between personal injury and workers’ compensation cases.
Who Is At Fault?
Whether there is someone at fault is the biggest indicator of whether your case needs the help of personal injury lawyers or workers’ compensation firms Iowa. A person who wants to file a personal injury claim must be able to prove that his or her injury was due to someone else’s negligence. For example, you cannot file a personal injury lawsuit against the other driver in a car accident unless you can prove he or she was at fault.
The same can’t be said for workers’ compensation cases. If you were injured on the job, you are entitled to workers’ compensation even if you were the negligent party. This means that you do not need to prove that another employee or your employer was at fault when you were injured. There are very few exceptions to this, but one common one is that you must not have been under the influence of anything when you were injured.
Who Can You Sue?
If you have a personal injury case, you may be able to sue a wide range of people, depending on the facts in your case. Taking it back to the car accident example, you may be able to sue the other driver if he or she was at fault. However, sometimes you’re in an accident because your car unexpectedly malfunctioned or because city streets were in poor condition. In these cases, you may have the ability to sue the vehicle manufacturer or the city itself.
There are stricter guidelines surrounding who you can sue or why if the case falls under workers’ compensation laws. Typically, if you are receiving workers’ compensation benefits, you cannot sue your employer or your coworkers. There are some exceptions to this, though. If you feel that your employer performed an intentional act that resulted in your injury, then you can file a lawsuit. Additionally, crewmembers of vessels and interstate railroad workers can sue their employers even while receiving workers’ compensation benefits.
If you feel that you have a personal injury case or workers’ compensation case on your hands, it is important to work with a reputable and experienced attorney. Look for someone who is licensed and experienced in taking on your particular type of case.